ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009954
| Complainant | Respondent |
Anonymised Parties | Barman | Public House |
Complaint:
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-00013012-005 | 08/08/2017 |
Date of Adjudication Hearing: 09/11/2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 7 of the Terms of Employment (Information) Act 1994, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Summary of Complainant’s Case:
The Complainant contends that he was not given a copy of a written contract of employment. He contends that on a busy day in February 2017, and was told to sign the document. He states he did not have a chance to read it properly and was never given a copy of it. |
Summary of Respondent’s Case:
The Respondent states that he gave the Complainant time to read the document, while he was on a break at 3.pm on 14th February 2017 and that he told the Complainant that he could get a copy of the contract the following week when the Office Administrator would be in work. |
Decision:
Section 3 of the Act provides:
“3.—(1) An employer shall, not later than 2 months after the commencement of an employee's employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee's employment, that is to say—
(a) the full names of the employer and the employee, |
(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act, 1963 ), |
(c) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places, |
(d) the title of the job or nature of the work for which the employee is employed, |
(e) the date of commencement of the employee's contract of employment, |
(f) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires, |
(g) the rate or method of calculation of the employee's remuneration, |
(h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval, |
(i) any terms or conditions relating to hours of work (including overtime), |
(j) any terms or conditions relating to paid leave (other than paid sick leave), |
(k) any terms or conditions relating to— |
(i) incapacity for work due to sickness or injury and paid sick leave, and |
(ii) pensions and pension schemes, |
(l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee's contract of employment) to determine the employee's contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice, |
(m) a reference to any collective agreements which directly affect the terms and conditions of the employee's employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.” I find from the evidence that the Respondent employer in this instant case did not give or cause to be given a statement in writing of the particulars of the employee’s terms of employment within two months of commencement of the employment. I accept the evidence of the employer that he gave the employee the opportunity to read the document but he did not furnish the document to the Complainant within the time limit provided for in the Act. |
I uphold the Complainant’s complaint and as provided for in Section 7 of the Act, I require the Respondent to furnish the Complainant with the written copy of his contract and to pay to the Complainant the sum of €200 compensation.
Dated: 20th November 2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham