ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007383
Parties:
| Complainant | Respondent |
Anonymised Parties | Storeman | Vehicle Parts Company |
Representatives | David Kearney GMB Trade Union |
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-00009803-003 | 20/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00009803-006 | 20/02/2017 |
Date of Adjudication Hearing: 17/08/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
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 complaint.
Background:
The Complainant was employed as a Storeman from 29th August 2016 to 23rd November 2016. He was paid €650.00 per week. He has claimed that he did not get a contract of employment. He has sought compensation. The following claims were withdrawn Minimum Notice & Terms of Employment Act CA 9803-001 Industrial Relations Act CA 9803-004 Industrial Relations Act CA 9803-005 Organisation of Working Time Act CA 9803-006 |
Terms of Employment (Information) Act 1994 CA 9803-003
Summary of Complainant’s Case:
The Complainant’s representative stated that the Complainant was head hunted from his previous job. He had known the Respondent. He had worked for ten years for the previous employer. He joined the Respondent’s company in August was dismissed by November. A lot of difficulties centred around who his boss was. There had been no warnings or probationary reviews. He was unaware of what the grievance procedure was. He never received a written contact of employment. This denied him vital information about his employment and in particular how the employment ended. He was out of work from November to the end of February. He did not get a written statement of his terms and conditions of employment. The Respondent has breached Sec 3 of the Terms of Employment (Information) Act 1994. He is seeking the maximum compensation of four weeks wages. He denied that he ever received the contract or Staff Handbook. |
Summary of Respondent’s Case:
In respect of this complaint they stated that the Complainant commenced employment on 29th August 2016. He was issued with a written contract of employment and Staff Handbook on 5th October 2016. The delay in issuing the contract was due to negotiations with a Client Company where the Complainant was to be based. The Managing Director Mr X gave direct evidence that he handed the Complainant the contract which was signed by himself together with the Staff Handbook on 5th October 2016. He requested time to read over it. However, he never returned same signed. They have complied with the legislation and this complaint is rejected. |
Findings and Conclusions:
The Respondent prepared a written submission to address a number of complaints raised by the Complainant. However as is noted above that Minimum Notice & Terms of Employment Act CA 9803-001, Industrial Relations Act CA 9803-004, Industrial Relations Act CA 9803-005 and the Organisation of Working Time Act CA 9803-006 claims were withdrawn. I note the conflict of evidence in this case. I note the Respondent’s evidence of the signed contract and Staff Handbook, copies of which were submitted at the hearing. Once the Respondent has produced evidence to support their position then the onus switches to the Complainant to disprove it. I note that the Complainant has not been able to disprove this. Therefore on the balance of probability I find that the Respondent issued the Complainant with a written contract and Staff Handbook on 5th October 2016. I note that Sec 3(4) of this Act states; A statement furnished by an employer under subsection (1) shall be signed and dated by or on behalf of the employer”. I find that the Respondent has complied with this section of the Act. I note that 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 note that the employment commenced on 29th August 2016 and the written statements were issued on 5th October 2016. Therefore, I find that the written statements were issued within the two months allowed under this Act. I find that the Respondent has complied with the provisions 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.
For the above stated reasons, I have decided that this claim should fail.
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Dated: October 8th 2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
No contract of employment |