ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025611
Parties:
| Complainant | Respondent |
Anonymised Parties | General Operative | Stableyard |
Representatives |
| Dorothy Donovan |
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-00032534-006 | 27/11/2019 |
Date of Adjudication Hearing: 08/01/2021
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention - by an employer - of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 (or such other Act as might be referred to in the 2015 Act), made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing as well as any written submissions disclosed in advance of the hearing.
The Complainant herein has referred a matter for adjudication as provided for under Section 7 of the Terms of Employment (Information) Act, 1994 in circumstances where a Contract of Service has commenced and where the said Employee employed by an Employer is entitled to have been provided (within two months of the commencement of the employee’s employment with the employer) with a Statement of certain Terms of the employment. The said terms are specified in Section 3 of the 1994 Act and include items such as names, addresses and place of work. There should also be a job title and a description of the nature of the work. The start date and the nature/duration of the Contract should be included in the statement as well as the terms of the remuneration. This statement should be dated and signed with copies retained by both parties.
This Terms of Employment (Information) Act, 1994 implements an EU Directive and applies to all persons working under a Contract of Employment or apprenticeship (whether on a fulltime or part time basis). It includes persons working through an employment agency where the party remunerating is responsible for the provision of the said Statement of Terms. The Act also provides that an employer must notify the Employee of any changes in the particulars already detailed in the Statement of Terms.
The complaint was made on the 27th of November 2019. The contravention must have occurred within the six month period prior to that date.
In circumstances where I consider the complaint to be well founded, I may require a Statement of Terms be provided. In addition, I am entitled to direct a payment of compensation up to the value of four weeks remuneration such that is just and equitable in all the circumstances.
Background:
This hearing was held remotely by reason of the Covid pandemic. |
Summary of Complainant’s Case:
This was a singular complaint raised by the Complainant which was appropriate for the Adjudication service. It is noted that other issues had fallen away by reason of a NERA inspection. |
Summary of Respondent’s Case:
The Respondent company is no longer in operation and the owner lives in Germany. The company was represented and documentation was provided together with an oral submission. |
Findings and Conclusions:
The Complainant commenced employment in and around July of 2015. The Complainant herein raised is that the Complainant did not receive the terms and condition of his employment at the outset of his employment. In preparation for the hearing of this case I was provided with a Contract of Employment dated the 10th of August 2015 which sets out the relevant terms and conditions required under the Act.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00032534-006 The Complaint herein was not well founded.
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Dated: 1st March 2021
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
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