ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005520
Parties:
| Complainant | Respondent |
Parties | A Kitchen Assistant | A Public House and Restaurant |
Representatives | Self Represented | Self represented. |
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-00007744-001 | 20/10/2016 |
Date of Adjudication Hearing: 13/06/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 7 of the Terms of Employment (Information) Act, 1994 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).
1: Summary of Complainant’s Case:
The Complainant alleged that she had not received a contract od Employment in the required time period following the commencement of her employment in 2009. |
2: Summary of Respondent’s Case:
The Respondent admitted that the facts of the case were as stated. However following a comprehensive and positive engagement with NERA in 2015/2016 all employment matters were regularised. The Complainant was poste d a copy of the Contract on the 24th October 2016 but did not sign. At the Oral hearing the same Contract was offered and the Complainant signed it. |
3: Findings and Conclusions:
Section 7(2) of the Act is quoted below. (2) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 3 , 4 , 5 or 6 shall do one or more of the following, namely — ( a ) declare that the complaint was or, as the case may be, was not well founded, ( b ) either — (i) confirm all or any of the particulars contained or referred to in any statement furnished by the employer under section 3 , 4 , 5 or 6 , or (ii) alter or add to any such statement for the purpose of correcting any inaccuracy or omission in the statement and the statement as so altered or added to shall be deemed to have been given to the employee by the employer, ( c ) require the employer to give or cause to be given to the employee concerned a written statement containing such particulars as may be specified by the adjudication officer, ( d ) order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks ’ remuneration in respect of the employee ’ s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 .
Having reviewed all the evidence both oral and written I came to the view that no major material detriment had occurred to the Complainant. The breach of the Act was purely technical albeit of some long standing. The Contract has now been satisfactorily provided.
Accordingly taking Section 7(2) (c) I award the sum of €100 Euro as Compensation to the Complainant for the breach of the Act. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
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Dated: 24th August 2017
Workplace Relations Commission Adjudication Officer: Michael McEntee