Complainant

Respondent

Anonymised Parties

Construction worker

Builder

Representatives

CIS

Did not attend.

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-00028750-005

30/05/2019

The complainant submits that the respondent has contravened section 3 of the Terms of Employment (Information) Act, 1994.

The complainant commenced employment with the respondent on 25 April 2016. He works 40 hours a week for which he receives €350 gross.

He submitted his complaint to the WRC on 30 May 2019.

The complainant has worked as a builder’s labourer with the respondent since 25 April 2016. He sustained an injury and went on sick leave in December 2017 until February 2018. He returned to work in February for 4 weeks but became ill again in March 2018. While he has not been in receipt of salary since his sick leave commenced, he has not resigned his employment. Neither has he received a letter of termination nor a P45. CIS who are representing the complainant have made numerous efforts to engage with the respondent about the complainant’s return to work, but all attempts have fallen on deaf ears.

The complainant sought a contract of employment at the commencement of his employment and thereafter but was never provided with one.

Respondent.

The respondent failed to attend the hearing though notified of same.

Section 3 of the Act of 1994 as amended lays out the particulars that an employer must provide to an employee within two months of the commencement of his employment.

Based on the uncontested evidence I find that the respondent failed to provide the complainant with his statutory entitlement to the particulars set out in section 3 of the Act of 1994

The matter of the time limits within which a complaint must be lodged was addressed in ADJ 0009820. The adjudicator stated

“Section 3(1) of the Terms of Employment (Information) Act is clear that an employer shall provide the employee with a statement within two months of the start of the employment relationship. Where this is not provided, the employee has recourse to the Workplace Relations Commission where section 7(2) enables the adjudication officer to take steps to amend or add to a statement, to require a statement be provided or to award financial redress. The multiplicity of interventions allowed by section 7(2) shows that the contravention of section 3 is a subsisting contravention that endures so long after the initial two-month period the employee remains an employee not in possession of a statement.”

I find the contravention in the instant case to be actionable

I find based on the uncontested evidence that this complaint is well founded.

In accordance with the redress provisions set out in section 7, I require the respondent to provide the complainant with the particulars set out in section 3 of the Act of 1994.  

I require the respondent to pay the complainant €700 which amounts to 2 weeks’ remuneration.

I find the complaint to be well founded. I require the respondent to provide the complainant with the particulars as set out in section 3 of the Act of 1994. I require the respondent to pay the complainant the sum of €700 in compensation for this contravention