ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00018559
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | Manufacturing Plant |
Representatives | Geraldine Conaghan MacBride Conaghan Solicitors | Rory Traynor Peninsula |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00023815-001 | 05/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00023815-002 | 05/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00023815-003 | 05/12/2018 |
Date of Adjudication Hearing: 25/03/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea
The complaints under the Organisation of Working Time Act 1997 and the Employment Equality Act 1998 were withdrawn.
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 7 of the Terms of Employment (Information) Act 1994] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Summary of Complainant’s Case:
The claimant was employed as a Machine Operator with the respondent from the 6.09.2006 to the 19.06.2018.He submitted the respondent was in breach of the Act for failing to furnish the claimant with written terms and conditions of employment in accordance with Section 3 of the Act.He submitted that while conditions of employment were drawn up for all employees some years ago but he was never furnished with any . |
Summary of Respondent’s Case:
The respondent did not dispute the claimant’s contention that he had not been furnished with written terms and conditions of employment.It was submitted that the claimant’s claim was reliant upon the “ claimant establishing whether and to what extent there was a breach of Section 3 and what if any facts followed as a result of said breach which should give rise to an award of compensation.” |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
[Section 7 of the Terms of Employment (Information) Act 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.]
The claimant was a Polish national without fluent English.The claimant’s claim that he was not furnished with written terms and conditions of employment was not disputed by the respondent. Accordingly I am upholding the complaint and I require the respondent to pay the claimant €2,000 compensation. |
Dated: 16th July, 2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea