ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00022075

Parties:

	Complainant	Respondent
Anonymised Parties	A Bricklayer	A Construction Company

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-00028913-001	07/06/2019

Date of Adjudication Hearing: 21/08/2019

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) 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 as a bricklayer with the Respondent, a construction company, from 27th July 2018 until his employment ended on 8th April 2019. A complaint was lodged with the WRC on 7th June 2019. The Complainant worked 39 hours per week and was paid €1,160.00 per week.

Summary of Complainant’s Case:

The Complainant submits that he was never issued with a Contract of Employment, despite numerous attempts by his union to rectify this omission.

Summary of Respondent’s Case:

There was no appearance by or on behalf of the Respondent at the hearing. I am satisfied that the said Respondent was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held.

Findings and Conclusions:

The Complainant herein has referred a matter for adjudication as provided for under Section 7 of the Terms of Employment (Information) Act, 1994 in circumstances where a Contract of Service has commenced and where the said Employee employed by an Employer is entitled to have been provided (within two months of the commencement of the employment) with a Statement of certain Terms of the employment (as specified in Section 3 of the 1994 Act).

I find that the Complainant worked with the Respondent company from July 2018 to April 2019. He was never provided with a formal Contract of Employment.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

In the circumstances I find the complaint to be well founded. I award compensation in the amount of €500.00.

Dated: 10/10/19

Workplace Relations Commission Adjudication Officer: Roger McGrath

Key Words:

“Contract of Employment”