ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009286
| Complainant | Respondent |
Anonymised Parties | An Employee | A Contract Cleaning Company |
Representatives |
| John Barry Management Support Services (Ireland) Ltd |
Complaint(s):
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-00012178-001 | 28/06/2017 |
Date of Adjudication Hearing: 17/10/2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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.
Summary of Complainant’s Case:
The complainant began work with the respondent on December 5th, 2016. Due to a delay in the Garda vetting process, she was not paid or given any wage slip for the December period, although she was remunerated in full for the period. When she left in April 2017 her P60 for 2016 did not reflect her period in employment in 2016. Her complaint arises under the Terms of Employment (Information) Act, 1994. |
Summary of Respondent’s Case:
The respondent does not dispute the facts as set out. However, the complainant is not due any money. Her commencement date was, in fact, November 30th but strictly speaking it is correct to say that she did not receive any wages in 2016 as she had not been formally set up on the respondent‘s payroll system. Therefore, these could not be represented on a P60 for 2016. In any event, the complaint is under the Terms of Employment (Information) Act with which the respondent fully complied. She was given the statutory statement and a handbook on commencement. There is no reference in that Act to the provision of a P60 and there is no case to answer. |
Findings and Conclusions:
This complaint is misconceived. Section 3 of the Terms of Employment (Information) Act, 1994 requires that an employee be given the statutory statement of their terms of employment within two months of commencing employment. The Act sets out the various pieces of information that are required to be in the statement. As the respondent correctly states in its submission there is no reference in the Act to a P60 and therefore the complaint is not well founded. |
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.
For the reason set out above I do not uphold complaint CA-00012178 and it is dismissed. |
Dated: 14th December 2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Statutory statement of Terms of Employment |