FULL RECOMMENDATION
SECTION 45(A) INDUSTRIAL RELATIONS ACT,1946 PARTIES : DOMESTIC & GENERAL PROPERTY SUPPORT SERVICES LIMITED - AND - A WORKER (REPRESENTED BY MARIUS MAROSAN) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer's Decision No. ADJ-00011308
BACKGROUND:
2. The Claimant appealed Adjudication Officer's Decision No ADJ-00011308 to the Labour Court in accordance with Section 45(a) of the Industrial Relations Act, 1946. A Labour Court hearing took place on 8 January, 2019.
The following is the Determination of the Court:-
DECISION:
This case is an appeal by a Worker of the Decision of an Adjudication Officer. The issue in dispute between the parties is the Worker’s claim that her Employer breached the Employment Regulation Order (ERO) for the cleaning industry by not giving her a contract when she commenced work in 2015 that complied with the terms of the ERO. The complaint was lodged with the Workplace Relations Commission on 17thOctober 2017. The cognisable period for the purpose of the Act is 18thApril 2017 to the 17thOctober 2017.
The Worker is seeking redress under Section 45A of the Industrial Relations Act 1946. It is her claim that she was not provided with a contract within two months of commencement of employment and that, when she did receive her contract on the 4thApril 2017, it did not comply with the requirements set out in the ERO.
The Employer’s position is that an ERO was not in existence at the time the Worker commenced work but that as soon as the ERO came in the Complainant was given and signed a contract in accordance with the ERO. In terms of the period of time covered by this claim the Worker had a contract that complied with the requirements of the ERO.
The Worker sought redress under Section 45A of the Industrial Relations Act 1946 and therefore falls to be dealt with on appeal by this Court Under section 44(1)(a) of the Workplace Relations Act 2015.
The Worker’s representative was unable to identify any specific breach of the ERO during the cognisable period and therefore the appeal must fail.
The Court so decides. The decision of the Adjudication Officer is upheld.
Signed on behalf of the Labour Court
Louise O'Donnell
CC______________________
29 January 2019Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.