FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : O'LEARY INTERNATIONAL UNLIMITED COMPANY T/A O'LEARY TRANSPORT (REPRESENTED BY RICHARD GROGAN & ASSOCIATES, SOLICITORS) - AND - LIVIU SANDEL ZLOTEA (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Appeal of Adjudication Officer Decision No ADJ-00009448.
BACKGROUND:
2. The Employee appealed the Decision of the Adjudication Officerto the Labour Court on 26 April 2019 in accordance with Section 8 (1) of the Terms of Employment (Information) Act 1994. A Labour Court hearing took place on 6 September 2019. The following is the Determination of the Court:-
DETERMINATION:
Background to the Appeal
This is an appeal by Mr Liviu Sandel Zlotea (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00009448, dated 19 March 2019) under the Terms of Employment (Information) Act 1994 (‘the Act’). Notice of Appeal was received by the Court on 26 April 2019. The Court heard the appeal in Dublin on 6 September 2019.
The Complainant commenced employment with O’Leary International Unlimited Company (‘the Respondent’) as an HGV Driver on 3 September 2014.
Individual Grounds of Complaint
The Complainant has referred appeals in relation to two separate matters arising under the Act to the Court. In each case, the Complainant appealed on quantum only.
(a) CA-000012414-004: The Respondent made certain changes to the Complainant’s terms and conditions of employment in or around November 2016 but failed to notify the Complainant of the changes in writing in accordance with section 5(1) of the Act. The Adjudication Officer awarded compensation of €750.00 for this breach. The Court measures the appropriate compensation, having regard to the nature of the breach, at €888.00 being the equivalent of two weeks’ gross pay.
(b) CA-00012414-012: The substance of this complaints relates to the Respondent’s failure to state correctly, (i) the Respondent’s legal title and (ii) the Complainant’s rate of pay, in the written statement of terms and conditions it furnished to the Complainant. The written statement also failed to state the Complainant’s hours of work. The Adjudication Officer awarded compensation of €750.00 for this breach. The Court measures the appropriate compensation, having regard to the nature of the breach, at €888.00 being the equivalent of two weeks’ gross pay.
The Court so determines.
Signed on behalf of the Labour Court
Alan Haugh
FMc______________________
25th November 2019Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Fiona McCarthy, Court Secretary.