ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010617
Parties:
| Complainant | Respondent |
Anonymised Parties | Shop Assistant | Discount store |
Complaint(s):
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-00014007-002 | 18/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00014007-003 | 18/09/2017 |
Date of Adjudication Hearing: 17/11/2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 complaints.
Background:
The Complainant was a retail assistant. She lodged four complaints with the WRC, two of which fell to be dealt with by me under the above Acts. The remaining two are to be dealt with by an inspector. These are outside my remit. |
Summary of Complainant’s Case:
The Complainant was hired on the 20th of June 2017 as a store assistant. She was being paid €9.25 per hour. After a few days working, the Respondent asked her to work as a supervisor. She accepted the promotion. She enquired as regards her terms and conditions of employment. She was told she would get a manager contract in September 2017. In September 2017, the Respondent refused to give her a written contract either as a sales assistant or a supervisor or manager. She had no further communication from the Respondent. He did not answer her phone calls or text her. |
Summary of Respondent’s Case:
No attendance |
Findings and Conclusions:
The Complainant lodged a case with the WRC on the 18th of September 2017. Section 3 of the Terms of Employment (Information) Act 1994 requires an employer not later than two months after the commencements of an employee’s employment to give or cause to be given to the employee a statement in writing containing the particulars set out in that section. Re complaint CA/0014007/003 this complaint relates to her general terms of employment. I find that the Respondent did not supply the required documentation within the two month time frame. I declare that this complaint is well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Re complaint CA/00014007/002 a P45 is not one of the documents covered under Section 3 of the Terms of Employment (Information) Act 1994. This complaint fails. Re complaint CA/0014007/003, I order the Respondent pay to the Complainant compensation which I consider just and equitable in all the circumstances of €684.50. This is compensation and is not in the nature of remuneration and should not be taxed accordingly. |
Dated: 21 February 2018
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
No contract |