Complainant

Respondent

Anonymised Parties

A security officer

A security company

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-00031193-002

30/09/2019

The Complainant was employed by the Respondent company from 1st March 2019 until 08th May 2019.

The Complainant worked 40 hours per week and was paid €14 per hour.

The Complainant submitted this complaint to the Workplace Relations Commission on 30th September 2019

The Complainant was not issued with a contract of employment containing the particulars of his employment.

The Complainant asked his employer, the Respondent, for a contract on several occasions to no avail.

The Respondent accepts that they failed to issue a contract containing the particulars of employment to the Complainant.

By email dated 15/02/2019 the Respondent offered the Complainant a job at €14 per hour for a 40-hour week.

Section 3(1) of the Terms of Employment (Information) Act, 1994 reads as follows:

3(1) An employer shall, not later than two months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say -

a)      the full names of the employer and the employee,

b)      the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act, 1963 ),

c)       the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places,

d)      the title of the job or nature of the work for which the employee is employed,

e)       the date of commencement of the employee's contract of employment,

f)        in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires,

g)      the rate or method of calculation of the employee's remuneration,

h)      the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,

i)        any terms or conditions relating to hours of work (including overtime),

j)        any terms or conditions relating to paid leave (other than paid sick leave),

k)       any terms or conditions relating to—

i)        incapacity for work due to sickness or injury and paid sick leave, and

                               ii) pensions and pension schemes,

(l) the period of notice which the employee is required to give and entitled to receive     (whether by or under statute or under the terms of the employee's contract of employment) to determine the employee's contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,

m) a reference to any collective agreements which directly affect the terms and conditions of the employee's employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.

The email issued by the Respondent to the Complainant falls a long way short of this standard.

In relation to redress, section 7 (2)(d) of the Act states that a Rights Commissioner may –

7 (2)(d) – order the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 4 weeks remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act, 1977.

I find the complaint to be well-found and now order the Respondent to pay compensation of three weeks remuneration to the Complainant. I calculate this amount to be € 1,680.00.

This compensation should be paid to the Complainant with 42 days from the date of this decision.

Terms of Employment (Information) Act, 1994.