Complainant

Respondent

Anonymised Parties

A Manager

A Restaurant

Act

Complaint 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-00011654-004

30/05/2017

The Complainant, a Polish National lodged a complaint with WRC on 30 May .2017. He submitted that during his six weeks of work that he had not received a contract of employment .The Respondent, rejected the claim.

The Complainant made a written submission that he was employed at the Respondent Restaurant from 3 April, 2017 to 14 May, 2017. He submitted details on his complaint form that he had worked a 60 hour week in return for €700 nett pay per week. He submitted that he had not received a contract during the 6 weeks of his employment.

When the Respondents Accountants submitted a copy of the statement of terms of employment, the Complainant disputed the accuracy of the document .

On July 6, 2017, the Complainant submitted that he had commenced work for the Respondent on March 2, 2017. He later amended this to 3 April 2017 to 9 May, 2017.He also submitted photographs of the Restaurant.

The Complainant did not attend the hearing.

The Respondent denied the claim and furnished details of the signed statement of the complainants terms of employment dated 24 April, 2017.

He also submitted details of the four year lease for the premises dated 28 April 2017 and disputed that the complainant was in his employment from March 2017.

On the day of the hearing, the Respondent attended with his son .He told the hearing that the Restaurant was closing. He submitted that the complainant had been a participant in a “ strike” at the premises where he and other workers did not come to work .

He denied any breach in the legislation .

I am satisfied that the complainant was properly notified of the hearing. He was in email contact with the WRC up to 26 July 2017, when he sent photographs of the restaurant which did not convey an image when printed.

I allowed a short recess before I commenced the hearing to allow for any eventualities .The Complainant had not made contact with the WRC to explain his non appearance. I commenced the hearing in the presence of the Respondent.

I acknowledged the copy of the complainants signed terms of employment on the WRC template.

Due to the non appearance of the complainant at hearing, I find that the claim falls for want of prosecution.

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.

Section 7 of the Terms of Employment (Information) Act, 1994 requires me to make a decision on the complaint.

I have found that the complaint falls for want of prosecution.

Provision of a Statement of Terms of Employment