Complainant

Respondent

Anonymised Parties

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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-00017928-001

13/03/2018

The Complainant was employed by the respondent form May 2016 to October 2017.   He has claimed that he did not get a written contract when he commenced employment.   He submits that he asked for a contract on a number of occasions and eventually received one on the day before he was let go from the respondent’s employment. 

The complainant submits that

He never received a contract and as a result, he did not know his rights and entitlements.

The respondent did not attend the hearing.

Sec 3 (1) of this Act states, “ An employer shall, not later than 2 months after the commencement of an employees 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”

The complainant advised the hearing that he had been employed by the respondent  from May 2016 to October 2017.  He stated that he had not received a contract or a statement of his terms and conditions of employment and that as a result he was not aware of his rights and entitlements.    The complainant told the hearing that he had after about 3 months asked his employer about a contract.  He stated that he had asked again about his contract a few months later but still did not receive one.  The complainant advised the hearing that he had then sent an email to the respondent on 12th of August 2017 asking for a contract.  The complainant told the hearing that he had received a reply to this email the next day from Mr. T advising that he would sort the contract.   The complainant provided copies of these emails as evidence.    The complainant told the hearing that he eventually received a contract on the day before he was let go from the respondent’s employment, on or about the 23rd of October 2017.   The complainant stated that he was given the contract and took it home to sign it but the next day he was told that he was not working any more.    

The respondent did not attend the hearing of the claim and based on the uncontested evidence of the complainant I find in favour of the complainant in relation to this matter.  Accordingly, I find that the Respondent Employer has breached Section 3 of this Act and I am satisfied that the Complainant was not issued with a written contract of employment within two months of commencement of employment.

I find that the Complainant was not issued with a written contract of employment within two months of commencement of his employment and I award the claimant €1,000 in compensation.