FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : ELITE PRIVATE SECURITY LIMITED T/A GREENSHIELD SERVICES - AND - STEFAN GEORGIEV (REPRESENTED BY TERRY GORRY & CO, SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. An appeal of an Adjudication Officer's Decision No. ADJ-00008229 (CA-00010939-002).
BACKGROUND:
2. This is an appeal under Section 8(1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place on 17th January 2019. The following is the Court's Determination:-
DETERMINATION:
This is an appeal by Elite Private Security Limited t/a Greenshield Services against the Decision of an Adjudication Officer under the Terms of Employment (Information) Acts, 1994 to 2012 (‘the Acts’) by Mr Stefan Georgiev against his former employer.
For ease of reference Mr Stefan Georgiev is referred to as “the Complainant” and Elite Private Security Limited t/a Greenshield Services is referred to as “the Respondent”.
The Respondent was not in attendance at the hearing before the Adjudication Officer for reasons which were explained to the Court. In the absence of the Respondent, the Adjudication Officer found in the Complainant’s favour and awarded him €360.00 in compensation for the breach of the Acts.
The Complainant commenced employment in or around April 2014 with RFC Security which provided security services to,inter alia, an off-licence in Dun Laoghaire. This contract transferred to GM Management in February 2016 and ultimately to the Respondent in or around September 2016. Throughout this time the Complainant continued to be placed as a Security Officer at the off-licence in Dun Laoghaire.
Mr Terry Gorry, Solicitor, Terry Gorry & Co, Solicitors, on behalf of the Complainant, claimed that the Respondent contravened Section 3 of the Acts as he was not provided with a statement of the type required by Section 3 of the Acts within a period of two months from the commencement of his employment, as required by Subsection (1) of that Section.
The Respondent denied this contention and produced for the Court a copy of a contract of employment dated 12thSeptember 2016 which was signed by both the Complainant and the Respondent. This was contested by the Complainant.
Determination of the Court
At the hearing of the appeal, the Complainant’s legal representative informed the Court that he was no longer contesting that the Complainant had not received a contract of employment in September 2016. Accordingly, the Complainant was conceding his claim under the Acts.
Therefore, the Court upholds the Respondent’s appeal and overturns the Adjudication Officer’s Decision.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
1st February, 2019Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.