Complainant

Respondent

Anonymised Parties

An Office Administrator

An Electrical Wholesalers

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-00016490-001

21/12/2017

The complainant has submitted a claim against the respondent in respect of a failure to provide her with a contract or statement of her terms of employment during her employment with them from 8th of May 2017 to 18th of September 2017. This claim was submitted on the 21stth of December 2017 and a hearing took place on the 8th of October 2018. The respondent was not in attendance at the hearing.

The complainant submits that

She commenced work with the respondent on 8th of May 2017 where she was given a role in Office Administration,

She never received a contract or statement of her terms of employment despite asking for same a number of times,

Her employment was terminated in September 2017.

The respondent was not in attendance at the hearing.

Section 3 of the Terms of Employment (Information) Act, 1994 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, ……

The complainant told the hearing that she had not received any contract or statement of terms of employment during her employment with the respondent. The complainant stated that she had been employed by the respondent in May 2017 for an office administration role involving accounts payable and receivable.     The complainant stated that she and the respondent owner Mr. O had agreed the amount of her salary verbally before she started work and had agreed that she would be paid weekly.     The complainant stated that she had never received anything on writing detailing her terms of employment or conditions. She stated that she asked Mr. O for a contract during her first week of work and that he told her he would get on to HR about it. She stated that no contract was forthcoming and so she asked Mr. O a few more times about her contract and he said he would get it but still she did not receive one.   The complainant told the hearing that without a contract or statement of terms and conditions she had no clarity regarding her role or responsibilities she stated that she also had no idea how many holidays she was entitled to or the length of any notice period entitlement.   The complainant stated that she also was unaware of whether she would be subjected to any performance reviews or how often these were to happen.

The complainant advised the hearing that she went away on holiday’s in August and that she returned to find that other employees had received contracts and employee handbooks.   The complainant again asked Mr. O for her contract which she did not receive.   The complainant stated that her employment was terminated shortly after this.   The only complaint before me is a complaint in respect of a failure to provide a written statement under the Terms of Employment (Information) Act, 1994.    

The respondent did not attend the hearing of this matter and thus the complainant’s evidence in respect of these matters is uncontested.

I am satisfied from the evidence adduced that the complainant did not receive a statement in writing of her terms of employment within 2 months of her commencement of employment and that she was disadvantaged by this.   Accordingly, I find this complaint to be well-founded and I am satisfied that the failure of the respondent to provide any such information in writing amounts to a breach of the Terms of Employment (Information) Act. Accordingly, I find that the respondent has breached the Terms of Employment (Information) Act and I order that the Respondent pay the Complainant compensation of €1,000.  

I find that the respondent has breached the Terms of Employment (Information) Act and I order that the Respondent pay the Complainant compensation of €1,000.