Complainant

Respondent

Anonymised Parties

Mechanic

Motor Company

Representatives

Operative Plasterers & Allied Trades    Society of Ireland

The Society of the    Irish Motor Industry 

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-00011422-001

18/05/2017

The Complainant was employed as a Mechanic from 7^th   November 2016 to 28^th April 2017. He was paid €577.00 per week. He   has claimed that he did not get terms and conditions of employment that   complied with Sec 3 of this Act. He has sought compensation.

The Complainant stated that he joined the company on 7^th   November 2016 and did not get a written statement of his terms and conditions   of employment within two months of commencement of employment. He received   correspondence from the Respondent with varying company names and addresses.   There was no mention of his actual employer. They also failed to supply him with the   dismissals procedure. He has an entitlement under this Act and the Respondent   failed to provide the information as set out in Sec 3 of this Act.

He is seeking compensation according to Sec 7(2) and referred to the European Court of Justice in the Van Colson and Kamann case [1984] ECR 1891 so that the decision reflects the gravity of the infringement and to act as a deterrent against future infraction of community rights.

The Respondent issued the Complainant with a written   statement of his terms of employment three days after commencing employment   and well within the two months required by the Act. The Complainant signed and   returned a copy. The address on this document was the principle place of the   relevant business of the employer. A reference was made in the claim form to   the Unfair Dismissals Act; he does not have the required 12 months service. This   complaint is dismissed.

I note that a written statement was issued on 10^th   November 2016.

I find that an examination of this contract shows that it   does not comply with section 3 of this Act as follows:

Sec 3(1)a) the company’s legal name is not stated.

Sec 3(1)d) the job title is not stated

Sec 3(1)k)ii) there is no reference to pension/PRSA

Sec 3(1)l) Minimum notice is not stated

Sec 3(1)m) there is no reference to any possible   collective agreements

Sec 3(3) There was no reference to Statutory Instruments   (SI) concerning breaks, disciplinary procedures and minimum wage.

I find that the Respondent has breached Sec 3 of this Act.  

I note that Sec 7   (2) (d) of the Act states, ”compensation of such an amount (if any) as is   just and equitable having regard to all the circumstances but not exceeding 4   weeks remuneration”.