Complainant

Respondent

Anonymised Parties

A Cleaner

A Cleaning Company

Representatives

Act

Complaints Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00027206-002

21/03/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00027206-003

21/03/2019

The complainant was employed by the respondent as a cleaner on the 10th of August 2018 and he worked 30 hours per week and was paid €320. He is claiming under the Payment of Wages Act 1991, and the Terms of Employment (Information) Act 1994.

The complaint states that he was suspended with pay on the 18th of January 2019, but that the respondent did not pay his wages as agreed during this period.

The respondent states that the complainant was suspended on full pay in January 2019 and he was paid up to 28th of January. Following an investigation, he was dismissed from his employment with effect from the 5th of March 2019 and he was paid his wages up to that date on the 21st of April 2019.

I am satisfied from the evidence that the complainant was paid his wages for the duration of the suspension. I find that the complaint is not well founded.

The complainant said that he did not receive a copy of his terms and conditions of employment in accordance with the terms of the Act.

The respondents stated that the complainant received an employment form which set out his terms and conditions of employment and he signed this on the 14th of August 2018.

The Act provides the following

3.—(1) “An employer shall, not later than 2 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,

(fa) a reference to any registered employment agreement or employment regulation order which applies to the employee and confirmation of where the employee may obtain a copy of such agreement or order,

(g) the rate or method of calculation of the employee’s remuneration and the pay reference period for the purposes of the National Minimum Wage Act, 2000,

(ga) that the employee may, under section 23 of the National Minimum Wage Act, 2000, request from the employer a written statement of the employee’s average hourly rate of pay for any pay reference period as provided in that section,

(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.”

S.I. No. 49/1998 - Terms of Employment (Additional Information) Order, 1998 provides:

3. (1) “In relation to an employee who enters into a contract of employment after the commencement of this Order, the employee's employer shall, within two months after the employee's commencement of employment with the employer, give or cause to be given to the employee a statement in writing containing particulars of the times and duration of the rest periods and breaks referred to in sections 11, 12 and 13 of the Act that are being allowed to the employee and of any other terms and conditions relating to those periods and breaks.

The respondent said that the complainant was provided with a statement of his terms in the employment form that he completed. Having examined that document submitted in evidence, I am satisfied that it does not comply with the requirements of S.3 of the Act cited above. Therefore, I find that the complaint is well founded.

CA-00027206-002

I find that the complaint pursuant to the Payment of Wages Act, 1991 in respect of pay is not well founded.

CA-00027206-003

I find that the complaint pursuant to the Terms of Employment (Information) Act, 1994 is well founded. I award the complainant compensation in the amount of €350.

Payment of Wages Act, 1991, Wages not paid - not well founded. Terms of Employment (Information) Act, 1994 – no statement – well founded.