FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : PATRICK POWER T/A THE TRADING POST (REPRESENTED BY O'DOHERTY WARREN, SOLICITORS) - AND - BREEDA LYNCH (REPRESENTED BY JACOB AND TWOMEY, SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Appeal of Adjudication Officer's Decision No ADJ-00015845.
BACKGROUND:
2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8(1) of theTerms of Employment (Information) Act 1994to 2014. A Labour Court hearing took place on 28th February, 2019. The following is the Determination of the Court:-
DETERMINATION:
This is an appeal by Ms Breeda Lynchagainst the Decision of an Adjudication Officer ADJ-00015845, CA-00020510-003/004 under the Terms of Employment Information Act 1994 (“the Act”). The Adjudication Officer upheld her claim against her former Employer, Patrick Power t/a The Trading Post,and awarded her the sum of €150.00 for a breach of Section 3 of the Act found to have occurred and did not recommend an award for an alleged breach of Section 5 of the Act.
In this Determination the parties are referred to as they were at first instance. Hence Ms Breeda Lynchis referred to as “the Complainant” and Patrick Power t/a The Trading Post is referred to as “the Respondent”.
Background
The Complainant was employed by the Respondent from 31st July 2017 until 2nd February 2018. She was initially employed as a Café Worker and subsequently took over the duties previously carried out by a Chef who left the business in August 2017.
Summary of the Complainant’s Case
The Complainant was represented by Mr Adrian Twomey, Solicitor, Jacob & Twomey, Solicitors, who claimed that the Respondent was in breach of Section 3 of the Act as the Respondent had failed to furnish her with a written statement of her terms and conditions of employment and in breach of Section 5 when it failed to inform her in writing of a change to her role.
Mr Twomey further claimed that the quantum of the award awarded by the Adjudication Officer was not sufficient to be effective and adequate in the provision of legal protection to the Complainant and dissuasive of further infractions by the Respondent, as held by the Court inMorehampton Foods Limited v Dean GibbonsTED/17/18.
Summary of the Respondent’s Position
Mr Brendan Curran, Solicitor, O’Doherty Warren, Solicitors, on behalf of the Respondent, accepted that a written statement of terms and conditions of employment was not furnished to the Complainant and that she was not notified in writing about the change in her role. Mr Curran said that since this claim was referred to the Workplace Relations Commission, the Respondent had prepared and issued written contracts of employment for its employees to comply with its legal obligation under Section 3 of the Act.
Determination
Based on the facts as presented to the Court, the Court finds that the Respondent was in breach of Sections 3 and 5 of the Act and orders the Respondent to pay the Complainant the sum of €350.00 within six weeks of the date of this Determination. Therefore, the Adjudication Officer’s Decision is varied accordingly.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th March 2019______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.