ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00016440

Parties:

	Complainant	Respondent
Anonymised Parties	A Deli Assistant	A Convenience Store

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-00021320-002	24/08/2018

Date of Adjudication Hearing: 25/04/2019 and 07/10/2019

Workplace Relations Commission Adjudication Officer: Marguerite Buckley

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant commenced employment with the Respondent in July 2016.

The Complainant resigned on the 4th October 2018. This date was in dispute by the Respondent. They were not notified of the Respondent’s resignation until the 5th December 2018.

This complaint is associated with ADJ – 00018457.

Summary of Complainant’s Case:

The Complaint’s contract was not in compliance with Section 3 of the Terms of Employment (Information) Act 1994.

Summary of Respondent’s Case:

The Complaint’s was provided with a written contract in compliance with Section 3 of the Terms of Employment (Information) Act 1994.

Findings and Conclusions:

I have reviewed the contract and note that a number of required clauses of the Act were not included in the contract provided at the hearing date.

These included Section 3(1)(c), 3 (1)(ga), 3 (1)(j) and 3 (1)(k)(ii).

Decision:

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

I find the complaint well founded.

I award the Complainant €1,200.00 compensation for breach of the Act. This is not taxable.

Dated: 24.3.2020

Workplace Relations Commission Adjudication Officer: Marguerite Buckley