ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021036
Parties:
| Complainant | Respondent |
Anonymised Parties | A Public Service Worker | A Public Service Employer |
Complaint:
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-00027707-002 | 12/04/2019 |
Date of Adjudication Hearing: 07/06/2019
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Summary of Complainant’s Case:
While there were other factors in the background to the complaint, the net issue was the failure of the employer to provide the complainant with a statutory statement of his Terms of Employment as required by the Terms of Employment (Information) Act 1994. Other material was given to him but not the statutory statement. |
Summary of Respondent’s Case:
The respondent is a very large organisation and issues the relevant statutory statement required by the legislation to all employees on a routine basis to all new employees. However, it cannot locate a copy of the complainant’s statement which may be attributable to disruption in the locations of its HR records. |
Findings and Conclusions:
The respondent does not dispute the complaint and it is upheld. |
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.at Act.
I uphold complaint CA-00027702-002 and award the complainant €500.00 |
Dated: 23rd July 2019
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Terms of Employment |