ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009106
Parties:
| Complainant | Respondent |
Anonymised Parties | Healthcare Assistant | Health and Social Work |
Representatives |
|
|
Complaints:
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-00011944-001 | 16/06/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00011944-002 | 16/06/2017 |
Date of Adjudication Hearing: 25/10/2017
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 complaints to me by the Director General, I inquired into the complaints 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 has been employed with the Respondent effective from 7th March 2011 until the employment terminated on 23RD May 2017. She is paid €10.00 an hour and she works 40 hours a week. The Complainant referred two complaints to the Workplace Relations Commission on 16th June 2017 alleging the Respondent had breached Section 3 of the Terms of Employment (Information) Act, 1994 – 2015 and had breached the National Minimum Wage Act, 2000. |
Summary of Complainant’s Case:
Terms of Employment (Information) Act, 1994 – 2015. The Complainant stated that she had not been provided with a written statement of her Terms and Conditions of Employment for the first five years of her employment. National Minimum Wage Act, 2000. The Complainant confirmed in her Complaint Form and also at the Hearing that she had not served notice on the Respondent as required by Section 23 of the Act |
Summary of Respondent’s Case:
Terms of Employment (Information) Act, 1994 – 2015. The Respondent provided a copy of the written statement of the Complainant’s Terms and Conditions of Employment signed and dated by both Parties on 30th August 2011. National Minimum Wage Act, 2000. The Respondent confirmed that a Section 23 notice had not been served by the Complainant. |
Findings and Conclusions:
Terms of Employment (Information) Act, 1994 – 2015. On the basis of the evidence presented by the Respondent I find that the Complainant was provided with her Terms and Conditions of Employment, signed and dated by both Parties on 30th August 2011 some five months after the commencement of the employment. Section 3 of the Act provides that this should have been provided within two months of the commencement of the employment. I find the Respondent has breached Section 3 of the Act. National Minimum Wage Act, 2000. I find that I do not have jurisdiction to hear this complaint as the Complainant did not serve notice in writing on the Respondent as required by Section 23 of the Act |
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.
Terms of Employment (Information) Act, 1994 – 2015 CA-00011944-001 In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded as the Respondent did not issue the Complainant with a written statement within the two-month specified period in the Act. I direct the Respondent to pay the Complainant compensation of €100.00 within 42 days of the date of this Decision. National Minimum Wage Act, 2000 CA-00011944-002 I declare I do not have jurisdiction to hear this complaint as the Complainant did not comply with Section 23 of the Act prior to lodging her complaint. |
Dated: 25th January 2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Terms of Employment – Breach of the Act – issued some five months after the commencement. National Minimum Wage – Did not comply with Section 23 – no jurisdiction. |