Complainant

Respondent

Anonymised Parties

A Receptionist

A Power Tools Company

Representatives

Attended in Person

Attended in Person

Act

Complaint 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-00019683-001

07/06/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00019683-002

07/06/2018

The Complainant was employed by the Respondent as a Receptionist from January, 2011 to 18 May, 2018 when she resigned from her employment. The Complainant claims that the Respondent failed to provide her with a statement in writing of the terms of her employment and failed to notify her of a change to her terms of employment.

The Complainant was employed by the Respondent as a Receptionist from January, 2011 to 18 May, 2018 when she resigned from her employment. The Complainant was normally expected to work 28 hours per week and was paid €308.00 per week.

The Complainant claims that she did not receive a written statement of her terms of employment at any point during her period of employment despite the fact that she requested same from the Respondent on a number of occasions.

The Complainant also claims that the Respondent failed to notify her in writing of a change to her terms of employment. The Complainant stated that in or around February, 2017 her husband, who was also employed by the Respondent, left his employment to take another job with a competitor. The Complainant contends that her job was changed in or around March, 2017 following her husband’s departure from the company and that a number of her roles that involved an element of confidentiality were taken from her. The Complainant claims that she requested a statement in writing from the Respondent setting out her new duties but she did not receive same prior to her resignation on 18 May, 2018.

The Respondent stated that the Complainant requested a copy of her written contract of employment on 6 February, 2018. Following this request, the Respondent checked its files and could only find an unsigned copy of the Complainant’s contract of employment and copies of documentation from 2011 and 2014 confirming she had received a copy of the Staff Handbook. The Respondent stated that it was not in a position to dispute the Complainant’s contention that she did not receive a statement in writing of her terms of employment at the material time following her commencement of employment in 2011.

The Respondent disputes the Complainant’s claim that her terms of employment were changed in March, 2017. The Respondent contends that the Complainant carried out the duties of Receptionist at all material times during her period of employment. The Respondent stated that the volume of telephone calls the Complainant was required to deal with decreased following the introduction of a new call answering system in or around April, 2017. However, the Complainant was assigned some mutually agreed administration work around that period to secure her position. The Respondent disputes the Complainant’s contention that a number of the roles she performed were taken from her following her husband’s departure from the company in or around February, 2017.

CA-00019683-001 – Complaint under the Terms of Employment (Information) Act 1994

The Complainant has claimed that the Respondent contravened the provisions of Section 3 of the Terms of Employment (Information) Act 1994 by failing to provide her with a statement in writing of her terms of employment.

Section 3(1) of the Terms of Employment (Information) Act 1994 requires that: “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 …… “.

Section 3 of the Act requires an employer to furnish the employee with a statement in writing of their terms of employment within two months of the commencement of the employment. Where no statement is provided, there is a subsisting breach during the course of the employment.

In the present case, the Respondent accepted that it was not in a position to dispute the Complainant’s claim that she had not been provided with a statement in writing of her terms of employment within the required period. In the circumstances, I find that the Respondent has contravened Section 3 of the Act and that the complaint is well founded.

CA-00019683-002 – Complaint under the Terms of Employment (Information) Act 1994

The Complainant has claimed that the Respondent contravened the provisions of Section 5 of the Terms of Employment (Information) Act 1994 by failing to notify her of a change in her terms of employment.

Section 5(1) of the Terms of Employment (Information) Act, 1994 provides that: “Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3, 4 or 6, the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than 1 month after the change takes effect,”

There was a dispute between the parties on the issue as to whether or not there was a change to the Complainant’s terms of employment in or around March, 2017. The Complainant, on the one hand, claims that her job was changed in or around March, 2017 following her husband’s departure from the company and that a number of her roles that involved an element of confidentiality were taken from her. The Respondent, on the other hand, contends that the Complainant performed the role of a Receptionist throughout her period of employment and disputes the claim that any of her roles were taken from her at that time. The Respondent accepts that the volume of telephone calls the Complainant was required to answer decreased following the introduction of a new call answering system around that time but contends that this did not change her overall role as a Receptionist.

Having considered the totality of the evidence adduced, I have found the Respondent’s evidence on this issue to be more compelling and I find that there was not any change to her material terms of employment in or around March, 2017. In coming to this conclusion, I have taken cognisance of the documentation (including e-mails exchanged between the parties at that juncture) which supports my findings on this point. In the circumstances, I find that the Respondent has not contravened Section 5 of the Acts and that the complaint is not well founded.

CA-00019683-001

In accordance with my powers under Section 7 of the Terms of Employment (Information) Act 1994, I declare that the Respondent has contravened Section 3 of the Act and that the complaint is well founded. I order the Respondent to pay to the Complainant the compensation in the amount of €616.00 being the equivalent of two week’s pay in respect of the contravention.

CA-00019683-002

In accordance with my powers under Section 7 of the Terms of Employment (Information) Act 1994, I declare that the Respondent has not contravened Section 3 of the Act and that the complaint is not well founded.

Terms of Employment (Information) Act 1994 – Section 3 – Failure to provide written statement of terms and conditions – Complaint well founded – Section 5 – Notification of change to the terms of employment – Complaint not well founded