ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017012
Parties:
| Complainant | Respondent |
Anonymised Parties | Employee | Limited Company. |
Complaints:
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-00022097-006 | 23/09/2018 |
Date of Adjudication Hearing: 04/12/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and 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.
Background:
The Complainant was employed with the Respondent from 18th June 2018 until he left the employment on 22nd August 2018. He was paid €10.00 an hour and he worked 38 hours a week. The Complainant lodged a complaint with the Workplace Relations Commission on 23rd September 2018 alleging the Respondent had breached Section 3 of the Terms of Employment as he had not been provided with a written statement of his Terms and Conditions of Employment. |
Summary of Complainant’s Case:
The Complainant stated that he left the employment but had not been provided with a written statement of his Terms and Conditions of Employment. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled Hearing. |
Findings and Conclusions:
On the uncontested evidence of the Complainant I find the Respondent has breached Section 3 of the Act which requires an Employer to provide an Employee with a written statement of their Terms and Conditions of Employment”… not later than two months after the commencement of the employment with the employer…”. |
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.
In accordance WITH Section 41(5) of the Workplace Relations Act, 2015 and on the uncontested evidence of the Complainant I declare this complaint is well founded. I direct the Respondent to pay the Complainant compensation of €100.00 within 42 days of the date of this Decision. |
Dated: 13th February 2019
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Terms of Employment (Information) Act, 1994 – complaint well founded. Compensation of € 100.00 awarded. |