Complainant

Respondent

Anonymised Parties

{A Worker}

{A Software Company}

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00025451-001

31/01/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00025453-001

31/01/2019

The Worker was employed by the Respondent from 19th October 2016 to 17th October 2018 as a Business Analyst.

The Worker informed his employer of their obligation to provide access to a PRSA for staff. The Respondent’s head office is based outside Ireland. The Worker said he raised this on numerous occasions. There are emails from June of 2018 detailing the Worker’s requests for a PRSA. The Respondent refused to do so and still do not provide access to a PRSA for staff. The Pensions Authority were informed in November 2018.

One of the main reasons the Worker left his job with the Respondent was due to their refusal to give access to a PRSA. The Worker was out of work for 3 months after he resigned. He wanted a PRSA to be operated by the company as this would help him save for the future. He was on a salary of 43,000 euro per annum.

The Worker withdraws CA-00025453-001 which is a duplication.

The Respondent says they were unaware of this legal requirement until it was brought to their attention by the Worker in October 2018. The average age profile of their staff is young. As soon as the Respondent became aware they established the policy which was put in place in November 2018. This was communicated to staff on 23rd November 2018. No person has taken the PRSA up since it has been established.

The absence of the PRSA is not the only reason that the Worker left, and there was a dispute over a reference not being given for him. The Worker’s exit interview sets out complaints about workload, expectations, and there not being a pension or PRSA in place.

I heard the oral evidence of the parties and considered the written submissions.

There is an important statutory requirement in place requiring employers to provide access to a PRSA since 2003. It allows employees to save for retirement. Employers are required to notify Workers of this right pursuant to the Terms of Employment (Information) Act 1994.

The Worker raised this with the company on a number of occasions in 2018, but it was not addressed by the Respondent until after the Worker left, when a complaint was made to the Pension Authority. There is no valid explanation for this. I accept that the failure to provide access to a PRSA was a factor in the Worker’s resignation from the company. Payment by an employee to a PRSA is usually paid at a rate of 5% per annum. For a period of 2 years amounts to 4,300 euro. In the circumstances, I recommend payment of 7,000 euro compensation to the Worker.

I recommend payment of 7,000 euro compensation to the Worker as a result of failure to provide a PRSA.

Breach of Pension Amendment Act 2002, notification to employer, compensation for the breach