Complainant

Respondent

Anonymised Parties

A manager

A transport operator

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-00031556-001

14/10/2019

The Complainant has been employed by the Respondent from 11/07/2011 in the capacity of a manager.

This complaint was received by the Workplace Relations Commission on 14th October 2019.

The complaint is submitted under section 7 of the Terms of Employment (Information) Act, 1994.

The Complainant contends that he has been seeking a job / role description and details of the Respondent’s employment policies for some time, to date these have not been issued to him.

He further contends that his regular established duties are being delegated to more junior staff which undermines his authority and dignity in the workplace.

The Respondent explained that over the last year wo companies had come together and that the Complainant had transferred into the company from his original company.

Things were changing and the final shape of the enlarged company had yet to be finalised.

The Complainant has an entitlement under community law to be provided with a written statement of the main terms of his employment within two months of commencement of the contract of employment. The statement must comply with section 3 of the said Act which must include the following

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.

In this instant case the Complainant has never been issued with a statement outlining the particulars of employment as listed above.

The complaint as presented is well – founded.

The Respondent is in breach of section 3 (1) of the Act and in accordance with section 7 (2)(d) I now order the Respondent to pay compensation of €1,726.20 (two weeks pay) to the Complainant.

This sum should be paid within 42 days from the date of this decision.

Terms of Employment (Information) Act, 1994.