TED1914

This is an appeal on behalf of Maano Foods (Dungarvan) Limited T/A Domino’s Pizza (‘the Respondent’) against a decision of an Adjudication Officer (ADJ-00013377, dated 1 February 2019) under the Terms of Employment (Information) Act 1994 (‘the Act’) wherein the Adjudication Officer held that Mr Marcin Zygal’s (‘the Complainant’) complaint under the Act was well-founded and awarded him compensation of €1,528.80, equivalent to four weeks’ gross pay.

The Respondent’s Notice of Appeal was received by the Court on 6 March 2019. The Court heard the appeal in Cork on 26 June 2019. The Complainant, despite having been notified in advance of the hearing of the appeal, did not attend before the Court.

The Factual Matrix

The Complainant was employed initially as a General Operative at the Respondent’s Dungarvan store from 4 February 2011. He was promoted to the position of Shift Runner on or about 23 June 2014.

The Respondent submits that the Complainant received a written statement of terms and conditions when he first entered employment with the Respondent in 2011. It further submits that the only changes that resulted from his promotion in 2014 related to his job title and his rate of pay.

It is accepted by the Respondent that it did not furnish the Complainant with a revised statement of terms and conditions following his promotion to reflect his new job title and rate of pay. However, it submits that the changes in question were notified to the Complainant at the time by means of other documentation such as training records, rosters and payslips. The Respondent requests the Court to overturn the decision of the Adjudication Officer having regard to the foregoing and in consideration of the fact that the Complainant, in its view, did not suffer any detriment arising from the Respondent’s failure to furnish him with a revised statement within one month of the changes in question taking effect.

Discussion and Decision

It is well-established in the Determinations of this Court that it is not necessary for a Complainant under the Act to demonstrate that he or she suffered a detriment arising from employer’s non-compliance with the Act in order to secure compensation. However, the Respondent’s failure in this case is at the less serious end of the scale. The Court, therefore, determines that the level of compensation awarded by the Adjudication Officer should be reduced to two weeks’ gross pay i.e. €764.40.

The Court so determines.

Signed on behalf of the Labour Court



Alan Haugh
TH______________________
22nd July 2019Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.