Complainant

Respondent

Anonymised Parties

A Store Manager

An Opticians

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-00026701-001

01/03/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00026703-001

01/03/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00026703-002

01/03/2019

The complaint was submitted to the Workplace Relations Commission (WRC) on the 1st of March 2019. The cognisable period of the complaint is 2nd of September 2018 to 1st of March 2019.

The complainant relates to alleged breaches of the Terms of Employment (Information) Act, 1994, and the Organisation of Working Time Act, 1997.

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00026701-001

01/03/2019

The complainant submits that

While he was out sick the respondent advertised his role (Store Manager) without informing him of a change to his contract.

The respondent submits that

It advertised for a temporary store manager to fill the role while the complainant was out on long term sick leave.

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

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, ……

Section 5 of the Terms of Employment (Information) act, 1994 obliges the employer to notify the employee of changes to a term or condition within 1 month and states:

(1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3, 4 or 6, the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than—

(a) 1 month after the change takes effect, or    

Both parties agreed that the complainant had received his contract of employment from the respondent within the 2-month period specified in the legislation.

The complainant advised the hearing that the respondent had advertised and filled the role of Store Manager in August/September 2018 while he was out on sick leave. The complainant stated that the role was advertised as a full-time role even though the complainant who was the Store Manager was intending to return to this role.   The complainant stated that the respondent appointed a new store manager to his role while he was out on sick leave and that this amounts to a change in the complainant’s terms and conditions of employment.   The respondent agreed that they had advertised and appointed a new store manager while the complainant was out on long term sick leave. The respondent stated that the complainant was out on sick leave for an indefinite duration and during that time in August 2018 the Assistant Store Manager resigned and so the respondent found itself in a position where it had no Assistant Store Manager and the Store Manager had been out sick for several months so it had no alternative but to seek assistance from management personnel to help run the store. The respondent stated that this was advertised as Interim Store Manager and stated that this appointment was for a full-time position on a temporary basis until the complainant returned to work as they could not manage without a store manager indefinitely.   The respondent stated that the appointment was not permanent but was a full-time temporary role pending the complainants return to the position.  The respondent told the hearing that there was no change to the complainant’s contract of employment.  The complainant at the hearing adduced no evidence of any change to his contract or terms of employment.  

I am satisfied based on the totality of the evidence adduced that the respondent has not breached the Terms of Employment (Information) Act and that this claim is not well-founded.

I am satisfied based on the totality of the evidence adduced that the respondent has not breached the Terms of Employment (Information) Act and that this claim is not well-founded.

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00026703-001

01/03/2019

This claim is a duplicate of the claim taken under CA-00026701-001. Accordingly, I am satisfied based on the totality of the evidence adduced that the respondent has not breached the Terms of Employment (Information) Act and that this claim is not well-founded.

Accordingly, I am satisfied based on the totality of the evidence adduced that the respondent has not breached the Terms of Employment (Information) Act and that this claim is not well-founded.

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00026703-002

01/03/2019

The complainant submits that

The respondent demanded that he work 5 weeks without a day off at sometimes 12 hours per day while the new store was being set up.

The respondent submits that

The claim is out of time as the allegation referred therein relates to October/November 2017.

The complainant advised the hearing that he had been required to work 5 weeks without a day off and sometimes 12 hours per day while the new store was being set up.   The respondent advised the hearing that the new store was set up in October/November 2017 and the claim was submitted 15 months later in March 2019. The complainant at the hearing conceded that his claim did relate to hours worked in October/November 2017 and stated that he was unaware of the six months’ time limit for submitting a complaint.

I am satisfied that this claim was submitted outside of the statutory time limits provided for in Section 41(6) of the Workplace Relations Act and accordingly this claim fails.

I am satisfied that this claim was submitted outside of the statutory time limits provided for in Section 41(6) of the Workplace Relations Act and accordingly this claim fails.