ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00020972

Parties:

Complaint(s):

Date of Adjudication Hearing: 14/08/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015, Section 79 of the Employment Equality Acts, 1998 - 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)

Ca-00027651-001/002/004

Background

The claimant commenced employment with the respondent on the 29th February 2016 as a General Operative. He was paid €663 gross for 39 hours working week. The claimant submitted that he was not provided with a contract of employment. The respondent accepted that they did not give the claimant a contract within 2 months however they have now provided him with a contract. The respondent also submitted that the claimant was not disadvantaged as a result of not getting a contract within the required time frame.

The claimant also alleged that the respondent did not comply with the Sectoral Employment Order (SEO) for the Construction Sector in October 2017 and In March 2018 for the Mechanical Engineering Building Contracting Sector. The SEO’s recommend rates of pay for specified workers as well as pension, sick –pay and death in service for such workers aged between 18 and 65

Findings

Section 3 of the Terms of Employment (Information) Act1974 provides

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,

(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.

I find that the claimant was provided with a contract at a later stage of his employment.

I find that there is a breach of the act and taking all relevant evidence into account I am making the following

Decision

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

I find the complaint to be well, founded and I award the claimant €900 in compensation

I am directing the respondent to comply with the relevant SEO for the sector.

Employment Equality Act 1977

Ca-00027651-003

The case for the Employment Equality Act was withdrawn at the hearing by the claimant and the attendance sheet was duly signed by him and witnessed

Dated:   23rd April 2020

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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