ADJ-00005306

 ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005306

Parties:

Complaints/Dispute

Date of Adjudication Hearing: 02/08/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background

The Complainant was employed from 24^th September 2015 until the employment terminated on 4^th August 2016. The Complainant worked 23 hours a week and she was paid €618.00 gross per month. The Complainant referred complaints to the Workplace Relations Commission on 3^rd October 2016 alleging the Respondent had breached the Terms of Employment (Information) Act, 1994 – 2015 and she also referred a dispute to the WRC in relation to an alleged unfair dismissal. The Respondent objected to the investigation of the dispute by an Adjudication Officer on 24^th October 2016.

SUMMARY OF COMPLAINANT’S POSIITON.

Terms of Employment (Information) Act, 1994 – 2015. The Complainant stated that she had not been provided with a written statement of her Terms and Conditions of Employment.

SUMMARY OF RESPONDENT’S POSITION.

Terms of Employment (Information) Act, 1994 – 2015. The Respondent stated that the Complainant was issue with a written statement of her Terms and Conditions of Employment as a Salon Help on 8^th October 2015 – copy provided to the Adjudication Officer as requested post the Hearing.

Findings

On the basis of the evidence and submissions both at the Hearing and post the Hearing I find as follows – The Adjudication Officer was provided with a written statement of Terms and Conditions of Employment post the Hearing by the Respondent. This purports to be a one year Contract of 8^th October 2015. However this One Year Contract is not signed or dated by the Respondent although an accompanying letter of the offer of employment is signed but not dated. Both Parties confirmed that the Complainant commenced employment on 24^th September 2015. Section 3 (4) of the 1994 Act provides as follows – A statement furnished by an employer under subsection 1 shall be signed and dated by or on behalf of the Employer.

There were two identical complaints under the Terms of Employment (Information) Act, 1994 - 2015

I find that the Respondent has breached Section 3 (4) of the Act of 1994.

DECISION CA- 00007319-002 AND CA-00007319-003

In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare the complaint is well founded. I direct the Respondent to pay the Complainant compensation of €100.00 within 42 days of the date of this Decision. This award of compensation takes into account the fact that the Complainant was not placed at a disadvantage and she did not request the statement until she was dismissed.

DECISION CA-00007319-001.

The complaint of unfair dismissal was lodged with the WRC under the Industrial Relations Act, 1969. The Respondent objected on 24^th October 2016 to an Adjudication Officer hearing this dispute. I declare I do not have jurisdiction to hear this complaint.

Dated:   22^nd September 2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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