ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009926
Parties:
| Complainant | Respondent |
Anonymised Parties | A Contracts Manager | A Building Company |
Representatives | A Friend | A Solicitor |
Complaint(s):
|
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 |
CA-00013007-001 | 08/08/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00013007-002 | 08/08/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00013007-003 | 08/08/2017 |
Date of Adjudication Hearing: 09/11/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant lodged three claims with the WRC and at the Hearing the Complainant, who was not present, through his Representative advised that the two claims under the Organisation of Working Time Act 1997 and the Payment of Wages Act 1991 were settled the previous day and could be withdrawn. Therefore claim Reference numbers 00013007-002 and 00013007-003 are withdrawn. The only claim then left was the claim under the Terms of Employment (Information) Act 1994 (Ref no 00013007-001) which is dealt with in this decision. The claim is that the Respondent did not provide the Complainant with his written terms of employment within two months of commencing employment in accordance with the requirement to do so under section 3 of the 1994 Act. |
Summary of Complainant’s Case:
The Complainant commenced employment on September 14th 2011 and was never provided with his written terms of employment within two months of commencing employment in breach of Section 3 of the Act. |
Summary of Respondent’s Case:
The Complainant commenced employment on January 1st 2013 and was provided with his terms of employment by email (email copy and contract copy provided) on December 24th 2012 and they complied with the Act accordingly. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
At the Hearing conflicting evidence was provided as to the Complainants start date and whether or not he had been provided with written terms within two months of commencing employment. The Complainants Representative did not have any written evidence to support the claim. The Respondent provided a contract, they say was provided to the Complainant in advance of his start date by email. This was not signed by the Complainant. Based on the evidence presented to me and the fact that the Complainant was not present at the Hearing to respond to the Respondents position that they did provide a written statement to the Complainant in compliance with the Act I have decided that the Respondents evidence, as presented, outweighs the Complainants lack of any evidence and therefore I decide that the claim is not well founded.
Dated: 15/11/17
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Terms of Employment |