ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00010094

 Anonymised PartiesAn EmployeeAN Engineering Company  

Complaint(s):

ActComplaint/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-00013075-012 10/08/2017 Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00013075-013 10/08/2017   Date of Adjudication Hearing: 06/11/2017

Procedure:

  In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other act as may be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.   The Complainant herein has referred a matter for dispute resolution under Section 7 Terms of Employment ( Information) Act, 1994 and the referral has been made within six months of the initial circumstances of the relevant dispute/contravention.  

Background:

Summary of Complainant’s Case:

CA 13075- 12 When he commenced employment he did not received a contract of employment. He asked for it but never received it. CA 13075 -13 He accepts that there were no changes in the terms and conditions during the term of employment.  

Summary of Respondent’s Case:

The respondent concedes that he did not give the complainant a contract. It is a new company. At the time the complainant was there the manager was running the office himself together with everything else. He accepts that he didn’t get around to it. There is a girl in the office now. She has issued contracts to everyone but the complainant left before they were issued.  

Findings and Conclusions:

CA 13075 -12 Terms of Employment ( Information) Act, 19943.—(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.   The respondent accepts that he did not give the complainant a statement in writing setting out his terms and conditions of employment. He has since taken steps to rectify the situation.   CA 13075 -13 5.—(1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3 , 4 or 6 , the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than— (a) 1 month after the change takes effect, or(b) where the change is consequent on the employee being required to work outside the State for a period of more than 1 month, the time of the employee's departure.(2) Subsection (1) does not apply in relation to a change occurring in provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements referred to in the statement given under section 3   or 4 . Both the complainant and the respondent accept that there were no changes to the complainant’s terms and conditions of employment during the course of his employment.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act. The complainant CA 13075 -12 succeeds. I award the complainant €800.00 The complaint CA 13075 – 13 fails.     Dated:   14.11.17