ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017978
Parties:
| Complainant | Respondent |
Anonymised Parties | Nail Technician | Health Club |
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-00023180-017 | 13/11/2018 |
Date of Adjudication Hearing: 19/03/2019
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 Nail Technician from 29th May 2018 to 26th September 2019. She was paid €15.00 per hour and worked on average 30 hours per week. She has claimed that she did not get a written contract of employment and she has sought compensation. |
Summary of Complainant’s Case:
She stated that she did not get a written statement of her terms and conditions of employment. She has sought compensation. |
Summary of Respondent’s Case:
The Respondent accepted that no contract of employment was issued. |
Findings and Conclusions:
I note that the Respondent has accepted that no contract of employment was issued. 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 Respondent employer has breached Sec 3 (1) of this Act and that compensation is warranted. |
I note that Sec 7 (2) (d) of the Act states,” compensation of such an amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 4 weeks remuneration”.
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 have decided that the Respondent has breached Sec 3(1) of this Act.
I have decided that this complaint is well founded.
I require the Respondent to pay the Complainant compensation of €1,000 within six weeks of the date below.
Dated: April 25th 2019
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
No contract of employment issued |