ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | Financial Controller | Engineering Company |
Representatives |
| Mr. Richard Clinch Seamus Maguire Solrs. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00027429-002 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other Act as might be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing as well as any written submissions disclosed in advance of the hearing.
The Complainant herein has referred a matter for adjudication as provided for under Section 7 of the Terms of Employment (Information) Act, 1994 in circumstances where a Contract of Service has commenced and where the said Employee employed by an Employer is entitled to have been provided (within two months of the commencement of the employment) with a Statement of certain Terms of the employment (as specified in Section 3 of the 1994 Act).
In circumstances where I consider the complaint to be well founded, I may require a Statement of Terms be provided. In addition, I am entitled to direct a payment of compensation up to the value of four weeks remuneration such that is just and equitable in all the circumstances.
Background:
The Complainant worked with the Respondent company from August 2018 to March 2019. He was never provided with a formal Contract of Employment. |
Summary of Complainant’s Case:
The Complainant’s case is so made. |
Summary of Respondent’s Case:
The Respondent concedes that it had not yet provided the Complainant with the Statement of the Terms and Conditions of Employment as required under the Act. IN it’s defence the Resp[ondent indicated it is a small company and the Complainant left his employment unexpectedly son after he was engaged. |
Findings and Conclusions:
In the circumstances I find the complaint to be well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00027429-002 - I award compensation in the amount of €400.00. |
Dated: 29th July 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
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