ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028930
Parties:
| Complainant | Respondent |
Anonymised Parties | A Service Technician | A Ventilation Company |
| Complainant | Respondent |
Representatives | None | None |
Complaint:
Act | Complaint 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-00038479-001 | 01/07/2020 |
Date of Adjudication Hearing: 18/02/2021
Workplace Relations Commission Adjudication Officer: Pat Brady
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 began his employment with the respondent on April 1st 2019. He received notice of the termination of his employment by reason of redundancy on May 15th 2020 and the employment ended a few days later. He earned €500.00 per week. |
Summary of Complainant’s Case:
The complainant says that he did not receive a statement of his terms of employment in compliance with the Terms of Employment (Information) Act, 1994. |
Summary of Respondent’s Case:
The respondent does not dispute the complaint and accepts that it failed to comply with the requirements of the Act. |
Findings and Conclusions:
This complaint was submitted in association with an unfair dismissals complaint which is dealt with in ADJ 28929. The complaint is not disputed by the respondent although it submitted to the hearing that it felt that it had not denied the complainant any of his rights. The complainant confirmed that he was aware of some of the terms of his employment. But it is the failure to provide the statement of his terms of employment in a timely manner as required by the Act that is the denial of his rights under this legislation Accordingly, the complaint is well-founded. |
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 complaint CA-00038479-001 to be well founded and I award the complainant €1,000.00 |
Dated: 9th March 2021
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Terms of Employment statement |
Complaint:
Act | Complaint 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-00038479-001 | 01/07/2020 |
Date of Adjudication Hearing: 18/02/2021
Workplace Relations Commission Adjudication Officer: Pat Brady
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 began his employment with the respondent on April 1st 2019. He received notice of the termination of his employment by reason of redundancy on May 15th 2020 and the employment ended a few days later. He earned €500.00 per week. |
Summary of Complainant’s Case:
The complainant says that he did not receive a statement of his terms of employment in compliance with the Terms of Employment (Information) Act, 1994. |
Summary of Respondent’s Case:
The respondent does not dispute the complaint and accepts that it failed to comply with the requirements of the Act. |
Findings and Conclusions:
This complaint was submitted in association with an unfair dismissals complaint which is dealt with in ADJ 28929. The complaint is not disputed by the respondent although it submitted to the hearing that it felt that it had not denied the complainant any of his rights. The complainant confirmed that he was aware of some of the terms of his employment. But it is the failure to provide the statement of his terms of employment in a timely manner as required by the Act that is the denial of his rights under this legislation Accordingly, the complaint is well-founded. |
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 complaint CA-00038479-001 to be well founded and I award the complainant €1,000.00 |
Dated: 9th March 2021
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Terms of Employment statement |