ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00022519
Parties:
| Complainant | Respondent |
Anonymised Parties | Employee | Employer |
Complaint(s):
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-00029034-010 | 13/06/2019 |
Date of Adjudication Hearing: 17/10/2019
Workplace Relations Commission Adjudication Officer: John Harraghy
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(s)/dispute(s).
Background:
The complainant was employed by the respondent as a labourer on a part time basis. His employment commenced on 11th April 2018 and continued until December 2018. When the employee left the country on annual leave he did not return in January 2019 and failed return or make contact with the respondent. The complainant submitted his complaint on 13th June 2019. |
Summary of Complainant’s Case:
The details on the complainant’s form are that he did not receive a statement in writing on his terms and conditions of employment. The complainant did not attend the hearing. I note from file that the complainant was advised of the date, time and location of the hearing. |
Summary of Respondent’s Case:
The respondent and his representatives attended the hearing. The respondent provided the hearing with a copy of the contract of employment given to the complainant on 17th April 2018 by the company secretary. The company secretary attended the hearing to confirm this. The respondent denies that it contravened the Terms of Employment Act 1994. Copies of the pay slips issued to the complainant were submitted at the hearing. The respondent confirmed to the hearing that the complainant’s last day at work was 21st December 2018 and he has not returned since. |
Findings and Conclusions:
Based on the uncontested evidence provided at the hearing I find that the respondent did not contravene the provisions of the Terms of Employment Act 1994. |
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.
The complaint is not upheld. |
Dated: 19th November 2019
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Terms and conditions of employment |