ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010987
| Complainant | Respondent |
Anonymised Parties | Business Development Manager | Printer & Distributor |
Representatives | Solicitor |
Complaint:
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-00014735-001 | 02/10/2017 |
Date of Adjudication Hearing: 14/12/2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act 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 complaint.
Background:
The Complainant was employed as a Business Development Manager from 31st March 2014 to 4th August 2017. He was paid €486.73 per week. He has claimed that he did not receive a written statement of his terms and conditions of employment. He has sought the issuing of the contract. |
Summary of Complainant’s Case:
The Complainant stated that he did not get a written statement of his terms and conditions of employment. He requested the contract of employment but it was not given to him. The manager himself had not received a contract so he was unaware that it was his responsibility to issue the Complainant with a contract of employment. The lack of a contract has given rise to a dispute about monies/wages owing and late payments. He is seeking that a contract is issued. |
Summary of Respondent’s Case:
The Respondent stated that he was a director of the company but was not directly involved in the day to day business. There was a manager in place who was responsible for everything. It was his responsibility to issue contracts. In fact, he understood that a contract had been issued. The claim is rejected. |
Findings and Conclusions:
Sec 3 (1) of this Act 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”. I find that the Complainant was not issued with a contract of employment. As per Sec 3 of this Act I find that the Respondent has breached Sec 3 of this Act. 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. I order the Respondent to give the Complainant a statement of employment containing all the particulars as specified in Sec 3 of this Act. In addition, I order the Respondent to pay the Complainant compensation of €1,250 within six weeks of the date below.
Dated: 27.03.2018 Workplace Relations Commission Adjudication Officer: Eugene Hanly Key Words:
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