Correction Order issued pursuant to Section 39 of the Organisation of Working Time Act, 1977. This Correction Order should be read in conjunction with the Decision issued on 9th August 2018.

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00013769

Parties:

Complaint:

Date of Adjudication Hearing: 12/06/2018

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 complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint

BACKGROUND.

The Complainant was employed with the Respondent from 14th June 2017 until he terminated the employment on 23rd March 2018. He was paid £705.60 gross per fortnight and he worked 40 hours a week. He referred a complaint to the Workplace Relations Commission on 23rd March 2018 alleging the Respondent had breached Section 3 of the Terms of Employment (Information) Act, 1994 when he was not provided with a written statement of his Terms and Conditions of Employment.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated that he had not been provided with a written statement of his terms and conditions of employment. He stated he had requested it at the commencement of his employment from both the General Manager and the Front Desk Manager but never received it. He raised it again after his six month probation period had elapsed but again he did not receive a statement. The Complainant confirmed at the Hearing that he had been provided with a written statement on 21st March 2018. He stated that he informed the Respondent on 23rd March 2018 of his resignation effective from 25th March 2018. In his resignation letter he raised a number of issues in relation to the cause of his resignation and there was an exchange of emails between the Parties up to May 2018. The Complainant confirmed that at these meetings the Respondent had offered to pay him 4 weeks wages and the Complainant confirmed at the Hearing and in an email that he had refused payment of 4 weeks wages to settle his complaint.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent confirmed that the Complainant had not been provided with a written statement of his Terms and Conditions of Employment until 21st March 2018 following a request received during email correspondence. The Complainant resigned from his position on 23rd March 2018 to take effect on 25th March 2018. When the Respondent became aware the Complainant had lodged his complaint with the WRC a meeting was arranged between the Parties and at this meeting the Respondent offered the Complainant 4 weeks pay to resolve the issue but he refused – email provided. The Respondent argued that the maximum that can be awarded for breach of the Act is 4 weeks and that the Complainant by his actions in pursuing his claim renders his claim frivolous, vexatious, a breach of process and inappropriate waste of resources of all the Parties including the WRC. They further argued that the breach of the Act was a trivial nature in that it did not cause any prejudice to the Complainant and they referenced a Decision of the Labour Court in Irish Water v Hall TED 1/2016 in support of their argument.

FINDINGS AND CONCLUSIONS.

Section 3 of the Terms of Employment (Information) Act, 1994 provides as follows at (1) “ An employer shall, not later than two months after the commencement of an employee’s 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 evidence from both Parties was the employment commenced on 14th June 2017 and the Complainant was provided with his statement of terms and conditions of employment on 21st March 2018, some 9 months later. I find the Respondent has breached Section 3 of the Act.

The Decision of the Labour Court in Irish Water v Hall as argued by the Respondent as set out above cannot have relevance to this complainant as in that case the Complainant did receive his statement of terms and conditions of employment but was arguing there were omissions in the statement provided to him. .  

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.

On the basis of the evidence, my findings above and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant compensation of €1411.20

Dated:   9th August 2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words:

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00013769

Parties:

Complaint:

Date of Adjudication Hearing: 12/06/2018

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 complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint

BACKGROUND.

The Complainant was employed with the Respondent from 14th June 2017 until he terminated the employment on 23rd March 2018. He was paid £705.60 gross per fortnight and he worked 40 hours a week. He referred a complaint to the Workplace Relations Commission on 23rd March 2018 alleging the Respondent had breached Section 3 of the Terms of Employment (Information) Act, 1994 when he was not provided with a written statement of his Terms and Conditions of Employment.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated that he had not been provided with a written statement of his terms and conditions of employment. He stated he had requested it at the commencement of his employment from both the General Manager and the Front Desk Manager but never received it. He raised it again after his six month probation period had elapsed but again he did not receive a statement. The Complainant confirmed at the Hearing that he had been provided with a written statement on 21st March 2018. He stated that he informed the Respondent on 23rd March 2018 of his resignation effective from 25th March 2018. In his resignation letter he raised a number of issues in relation to the cause of his resignation and there was an exchange of emails between the Parties up to May 2018. The Complainant confirmed that at these meetings the Respondent had offered to pay him 4 weeks wages and the Complainant confirmed at the Hearing and in an email that he had refused payment of 4 weeks wages to settle his complaint.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent confirmed that the Complainant had not been provided with a written statement of his Terms and Conditions of Employment until 21st March 2018 following a request received during email correspondence. The Complainant resigned from his position on 23rd March 2018 to take effect on 25th March 2018. When the Respondent became aware the Complainant had lodged his complaint with the WRC a meeting was arranged between the Parties and at this meeting the Respondent offered the Complainant 4 weeks pay to resolve the issue but he refused – email provided. The Respondent argued that the maximum that can be awarded for breach of the Act is 4 weeks and that the Complainant by his actions in pursuing his claim renders his claim frivolous, vexatious, a breach of process and inappropriate waste of resources of all the Parties including the WRC. They further argued that the breach of the Act was a trivial nature in that it did not cause any prejudice to the Complainant and they referenced a Decision of the Labour Court in Irish Water v Hall TED 1/2016 in support of their argument.

FINDINGS AND CONCLUSIONS.

Section 3 of the Terms of Employment (Information) Act, 1994 provides as follows at (1) “ An employer shall, not later than two months after the commencement of an employee’s 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 evidence from both Parties was the employment commenced on 14th June 2017 and the Complainant was provided with his statement of terms and conditions of employment on 21st March 2018, some 9 months later. I find the Respondent has breached Section 3 of the Act.

The Decision of the Labour Court in Irish Water v Hall as argued by the Respondent as set out above cannot have relevance to this complainant as in that case the Complainant did receive his statement of terms and conditions of employment but was arguing there were omissions in the statement provided to him. .  

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.

On the basis of the evidence, my findings above and in accordance with Section 41(5) OF THE Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant compensation of €2822.40 .

Dated:   9th August 2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words: