Complainant

Respondent

Anonymised Parties

An Au Pair

An employer

Representatives

Self

 Solicitors

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-00016223-002

08/12/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977.

CA-00016223-003

08/12/2017

The Complainant was employed by the Respondent as an au pair and commenced employment on 29th September 2017 and was dismissed from said employment on 26th January 2018. As the complaint was received by the Workplace Relations Commission on 8th December 2017, some 7 weeks prior to the dismissal, the complaint under section 8 of the Unfair Dismissals Act, 1977 was withdrawn by the Complainant.

The complaint under section 7 of the Terms of Employment (Information) Act, 1994 becomes the single complaint of the hearing.

The Complainant’s complaint is straight forward “I did not receive a statement on my terms of employment”.

The Complainant was furnished with the details of a job offer by the Respondent employer on 24th September 2018.

The job offer met the requirements of Section 9 of the Minimum Notice and Terms and Conditions of Employment Act 1973.

There is no requirement in the legislation that the employee must sign the Contract of Employment simply that the Respondent employer furnishes a written statement of particulars to the employee which meets the criteria set out in the Act.

It is submitted on behalf of the Respondent Employer that the Complainant’s claim is not well founded.

The Terms of Employment (Information) Act, 1994 is;

“An Act to provide for the implementation of Directive No. 91/533/EEC of 14th October 1991 of the Council of the European Communities on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship, to amend the Minimum Notice and Terms of Employment Act, 1973, and to provide for related matters [5th April 1994]”.

Section 3 of the Terms of Employment (Information) Act, 1994 outlines an employer’s obligations in relation to a written statement of the particulars of employment and states that the following particulars have to be included:

a)       The full names of the employer and employee.

b)      The address of the employer in the State………

c)       The place of work………….

d)      The title of the job or nature of the work for which the employee is employed.

e)      The date of commencement of the employee’s contract of employment.

f)        In the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires.

g)       The rate or method of calculation of the employee’s remuneration,

h)      The length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,

i)        Any terms or conditions relating to hours of work (including overtime),

j)        Any terms or conditions relating to paid leave (other than paid sick leave).

k)       Any terms or conditions relating to - sickness leave and pensions.

l)        The period of notice which the employee is required to give and entitled to receive …….

m)    A reference to any collective agreements which directly affect the terms and conditions of the employee’s employment ………..

Section 3 (4) states that the statement must be signed by the employer and dated. It remains silent in relation to the employee.

It should be noted that such a statement must be furnished to the employee within 2 months of the employee commencing work.

Section 5 of the Act addresses the subject of changes being made to the particulars of employment and how these have to be furnished to the employee within one month of the change/s.

In this instant case a contract of employment was drawn up by the Respondent. Studying the details contained within this statement I would comment as follows:

The contract as presented at the hearing meets the criteria outlined in the Act.

As outlined above the contract as presented complies with the Act and therefore the complaint fails.

Terms of Employment (Information) Act, 1994.