TED2114

1.Appeal of Adjudication Officer's Decision No.ADJ-0026842 CA-00034035-001

BACKGROUND:

2.This is an appeal under Section 8(1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place in a virtual setting on 23 June 2021. The following is the Court's Determination:



DETERMINATION:

This is an appeal by Top Cap against an Adjudication Officer’s Decision ADJ-00026842 given under the Terms of Employment (Information) Act 1994 (the Act) in a claim by Jean Gillespie that she did not received written terms and conditions of employment. The Adjudication Officer found that the claim was well founded and awarded compensation of €1,760 being the equivalent of four weeks salary.

In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Jean Gillespie is referred to as the Complainant and Top Cap are referred to as the Respondent.

Background

The Complainant was employed as an Office Manager with the Respondent from the 1st November 2016 until her dismissal on the 4^thDecember 2019. The parties knew each other prior to the commencement of the employment relationship. The Complainant initially worked from home and then moved into an office space that the Respondent rented. The office space was about 5km from the Complainant’s home.

Complainant’s case

It is the Complainant’s case that contrary to section 3 of the Terms of Employment (Information) Act 1994 the Respondent did not provide her with terms and conditions of employment as provided for under the Act

Respondent’s case.

The Respondent submitted that the Complainant was in charge of preparing contracts and had completed her own contract. However, the Respondent accepted that contrary to the act the contract had not been signed by the Respondent.

Discussion

An unsigned and undated template contract was opened to the Court . The Court notes that it is in dispute between the parties as to whether the Complainant received this contract. However, the Court finds even if the Complainant did receive it, the contract does not contain all the details required under section 3 (1) of the Act.

Determination

The Court having carefully read the submissions and listened to the oral submissions on the day determines that compensation in the amount of €1,760 being four weeks wages should be paid in respect of the section 3 breaches. The appeal fails. The Decision of the Adjudication Officer upheld.

The Court so determines

	Signed on behalf of the Labour Court
	Louise O'Donnell
CC	______________________
19 July, 2021.	Deputy Chairman