Complainant

Respondent

Anonymised Parties

A Sales Assistant/ Assistant Supervisor

A Retail Book shop

Representatives

In person

In person

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-00028902-003

06/06/2019

The complainant began his employment with the respondent on 26th June 2017 (summer work only). He became a full-time employee in June 2018 and resigned to take up employment elsewhere in June 2019. The complaint was submitted to the Workplace Relations Commission on 6th June 2019 and relates to alleged breaches of the Terms of Employment (Information) Act, 1994.

The complainant contends that he was tasked with additional responsibilities since commencing full time employment with the respondent in June 2018 and contends that he got no formal written notification of the changes in duties as his role within the organisation expanded. The complainant contends that the respondent has breached the legislation and he is seeking compensation in relation to his complaint.

The respondent stated that the complainant began his employment as a full time Sales Assistant in June 2018 and was paid €9.55 per hour. The respondent outlined that as the complainant accepted more responsibility, his rate of pay increased to €10 per hour in August 2018, €10.50 per hour in November 2018 and €11.00 per hour with effect from February 2019 which was the trainee/assistant supervisor rate. The respondent contends that although the complainant aspired to become a Supervisor, there was no opportunity to gain experience in this area during the quiet times of February 2019-June 2019 when the complainant resigned to take on a new position elsewhere.

The respondent stated that the complainant was always employed as a Sales Assistant and the additional duties taken on were always appropriate to the Sales Assistant grade. The respondent also outlined that the relevant training in each role was provided to him by other Sales Assistants. The respondent denies breaching the legislation as the complainant was notified in writing each time there were changes to his terms and conditions of employment.

Note: While the issues of Sunday Premium and Bank Holiday entitlements was mentioned in the documentation relating to this complaint, there were no referrals to the Adjudication Services of the Workplace Relations Commission relating to these issues. Accordingly, my decision relates only to the alleged breaches of the Terms of Employment (Information) Act, 1994.

Section 5 of the Terms of Employment (Information) Act, 1994 requires an employer to notify an employee in writing in respect of changes that occur to his/her terms and conditions of employment.

In all of the circumstances of this complaint, I accept that the complainant’s earnings increased as he accepted greater levels of responsibility in his employment. However, I also accept that the additional duties were appropriate to the Sales Assistant grade as outlined. In addition, the complainant did not dispute that he was notified each time his earnings were increased in line with the additional duties undertaken.

In all of the circumstances of this complaint, I do not find that the respondent breached the legislation as claimed.

Having considered the submissions of both parties, I find that the complaint is not well founded.

Written notification of changes to terms and conditions of employment