ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017471
Parties:
| Complainant | Respondent |
Anonymised Parties | Cabinet Maker | Manufacturing |
Representatives | None | Shane O’Gorman |
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-00022615-001 | 15/10/2018 |
Date of Adjudication Hearing: 18/02/2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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
Ca-00022615
Terms of Employment (Information) Act 1994
Background
The claimant commenced employment with the respondent 22 July 2017 as a cabinet maker. He was paid €546.00 gross (€465 nett) per week working a 39 hours per week
He stated that he was not provided with a contract of employment in accordance with the act.
The respondent submitted they had not provided the claimant with a contract within the time specified within the act however he was presented with the appropriate contract as required in section 3 of the Terms of Employment (Information) Act 1994.
Findings
I find that a contract of employment must be provided to an employee with 2 months of commencing employment. I find that the respondent accepted they had not complied with this time frame. I find that the respondent did provide the claimant with the required contract. I find that taking all matters into consideration I am making the following.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find the complaint to be well founded and I award the claimant € 650 in compensation
Dated: April 29th 2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell