Complainant

Respondent

Anonymised Parties

An Employee

A Laundry Service Provider

Representatives

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-00017977-001

15/03/2018

The complainant submitted a complaint on the 15th of March 2018 under section 7 of the Terms of Employment (Information) Act, 1994.   The complainant in her complaint form stated that had never received a contract of employment from the respondent.

The complainant submits that

She was employed by the respondent from November 2017 to March 2018 and she did not receive a contract despite asking for one a number of times,

She did not know her rights and did not know how much notice she had to give before resigning her employment due to the fact that she had not received a contract,

She finally received a contract on the day before she resigned her employment.

The respondent submits that

The complainant commenced employment with them on the 8th of November 2017 following an interview with Ms. M wife of Mr. C, Managing Director of the respondent organisation,

Shortly after this the Managing Director Mr. C and his wife went to Australia and did not return until mid January 2018,

The respondent was notified on the 19th of March 2018 that that the complainant had not received a contract and had not attended a Manual Handling course the complainant also handed in her notice on that date,

Mr. C immediately arranged for the complainant to attend a Manual Handling course and issued her with her contract which she refused to sign,

The complainant stated that she would work two weeks’ notice before leaving,

The complainant following this became aggressive and loud at work and her behaviour towards other staff was such that they didn’t wish to work with her,

The complainant was advised on 28th of March that she would be paid for her notice in lieu of working and that she could leave the respondents employment that day which she accepted.

Section 3 of the Terms of Employment (Information) Act, 1994 states:

An employer shall, not later than 2 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 complainant advised the hearing that she was employed by the respondent from November 2017 to March 2018 and she did not receive a contract despite asking for one a number of times.   The complainant told the hearing that she did not know her rights and did not know how much notice she had to give before resigning her employment due to the fact that she had not received a contract.  

The complainant told the hearing that she had asked three different people for a contract during her employment and was assured that she would get such contract but it didn’t happen. The complainant stated that the last person she asked about her contract was Mr. T her supervisor but she did not receive one. The complainant told the hearing that she had on the 19th of March 2018 asked Ms. M wife of Mr. C, Managing Director of the respondent company for a meeting during which she handed in her resignation and advised Ms. M that she would work two weeks’ notice.

The complainant told the hearing that a week prior to this she had been speaking to Ms. M who told her that she had received a request for a reference for the complainant and asking the complainant if she had her permission to provide the reference. The complainant stated that she told Ms. M at that time that she did not have a contract and so she did not know how to quit her job or how much notice she had to give.  

The complainant told the hearing that she had phoned the Citizens Information Service on the 15th of March 2018 and that they advised her to contact the WRC in respect of her employer’s failure to provide her with a contract within 2 months of her commencing employment with them.

The complainant told the hearing that she decided to leave the respondent’s employment in March 2018. She stated that the day she gave her resignation she was in the office with the Managing Director, Mr. C and told him that she hadn’t received her contract and also that she had not done a manual handling course. She stated that Mr. C then asked her why she had not requested a contract and she replied that she had asked for it three times from three different people as neither Mr. C nor his wife Ms. M were in work at the time.   Mr. C replied that she should have informed him or Ms. M if she hadn’t received a contract as they were responsible for HR matters. The complainant told the hearing that she was given a contract that day but she did not sign it as she had already decided that she was leaving and she had also already been in contact with the WRC .

The respondents witness and Managing Director Mr. C advised the hearing that the complainant commenced employment with them on the 8th of November 2017 following an interview with Ms. M wife of Mr. C. The respondent stated that the complainant’s contract and manual handling course were discussed at the interview and that he had assumed that she had received both when she commenced employment.  

Mr. C told the hearing that following the complainant’s commencement of employment, Mr. C’s wife Ms. M who was responsible for HR matters flew out to Australia the next day as their daughter was in hospital due to give birth in Australia.   Mr. C stated that he flew out to Australia on the 23rd of December again due to the birth of he and Ms. M’s first grandchild.   Mr. C stated that he and his wife returned to Ireland on 11th of January 2018.

Mr. C stated that the normal practice when someone starts work with them is to provide them with two copies of the contract and to book them on a Manual Handling course immediately. Mr. C stated that he only became aware on the 19th of March 2018 that the complainant had not received a contract and had not attended a Manual Handling course, he stated that the complainant also handed in her notice on that date. Mr. C told the hearing that he immediately arranged for the complainant to attend a Manual Handling course and issued her with her contract which she refused to sign. He stated that he had assumed that the complainant received a contract as was usual but there was no contract on file for her so he concluded that this was an oversight which must have happened due to the fact that he and his wife departed for Australia shortly after the complainant commenced her employment with them.

Mr. C told the hearing that he and his wife returned from Australia in mid-January and he stated that they had dealt with the complainant on other issues since returning but that she had never mentioned the issue of her contract to them.   He stated that the complainant had been in his office in February 2018 when she had come to work with sore eyes after splashing a chemical in them while working with another employer.  Mr. C stated that he advised the complainant to go to hospital that day and to take a few days off until her eye was better, he stated that she did not at the time mention anything about having no contract.   The complainant in response to this stated that she was more concerned about her eye on that occasion and not with a contract or manual handling course.    The complainant told the hearing that it was not her responsibility to ask for a contract or manual handling course but it was Mr. C s responsibility to ensure that she was provided with these.

The respondent told the hearing that the complainant handed in her notice on 19th of March 2018 and stated that she would work two weeks’ notice before leaving. He stated that the complainant following this and during the notice period became aggressive and loud at work and her behaviour towards other staff was such that they didn’t wish to work with her so eventually he told her that he would pay her for her notice period but that she did not have to come in to work, which she accepted.

It is clear from the evidence adduced by both parties that the complainant did not receive a contract or statement of her terms of employment in writing within 2 months after the commencement of her employment. This is accepted by the respondent who submits that this was an oversight on his behalf and one which was rectified as soon as he became aware of it. I am satisfied that the failure of the respondent to provide such information in writing within the specified time period amounts to a breach of the Terms of Employment (Information) Act. Accordingly, I find that the respondent has breached the Terms of Employment (Information) Act and I order that the Respondent   pay the Complainant compensation of €500 within 42 days of the date of this Decision.

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

I find that the respondent has breached the Terms of Employment (Information) Act and I order that the Respondent   pay the Complainant compensation of €500 within 42 days of the date of this Decision.