FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : VURZOL DUBLIN WEST LIMITED BLUEBIRD CARE T/A BLUEBIRD CARE MEATH (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MS AISLING KEHOE (REPRESENTED BY JOAN KEHOE) DIVISION :
SUBJECT: 1.Appeal of Adjudication Officer Decision No(s)ADJ-00023775 CA-00030370-001) The Complainant made a complaint to the Workplace Relations Commission under the Terms of Employment (Information) 1994 that she had not received a contract, as provided for in the Act. The Adjudication Officer upheld the complaint and awarded compensation of four weeks’ wages at €11.50 per hour based on a 19 hour week, a total of €874. The Respondent appealed this Decision. Respondent arguments. The Complainant was re-engaged by the Respondent by verbal agreement. She has since been issued a formal contract of employment. Complainant arguments The Respondent did not comply with the provisions of the Act in respect of the Complainant. The applicable law Terms of Employment (Information) Act 1994 Written statement of terms of employment.
(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, (fa) a reference to any registered employment agreement or employment regulation order which applies to the employee and confirmation of where the employee may obtain a copy of such agreement or order, (g) (ga) that the employee may, undersection 23of the National Minimum Wage Act, 2000, request from the employer a written statement of the employee ’ s average hourly rate of pay for any pay reference period as provided in that section, ] (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. Deliberation It is not disputed by the Respondent that they failed to meet the requirements of the Act, as set out above. The issue for the Court is to determine what compensation, if any, should be paid to the Complainant for this breach of her rights. The Court in determining this matter has regard to any detriment suffered by the Complainant as a consequence of the failure of the Respondent. The Court further notes that this failure has since been rectified. In another case involving the parties under the Payment of Wages Act, the Court has determined that the correct hourly rate of pay for the Complainant at the relevant time was €15 per hour. Any compensation in this case must, therefore, be based on this amount. The Court determines that the Respondent should pay compensation to the Complainant of two weeks’ pay based on 19 hours per week at €15 per hour, a total of €570. Determination The Decision of the Adjudication Officer is varied, as set out above.
NOTE Enquiries concerning this Determination should be addressed to Noel Jordan, Court Secretary. |