Complainant

Respondent

Anonymised Parties

Ramp Agent

Aviation Company

Representatives

Self-Represented

Self-Represented

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-00036177-001

15/05/2020

The Complainant commenced employment with the Respondent on 29th March 2011. At all time his role was described as that of “ramp agent”. The Complainant’s rate of pay was €13.63 per hour, at the hearing the parties agreed that his average weekly wage is €408.90.

On 15th May 2020 the Complainant lodged the present complaint with the Commission. Herein, he alleged that the Respondent owed him certain contractual entitlements. By response the Respondent denied the claim and stated that it was not actionable under the present legislation in any event.

A hearing in relation to this matter was convened and finalised on 4th March 2021. This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experience by either party during the hearing.

No issues as to my jurisdiction to hear the complaint were raised at any stage of the proceedings.  

The Complainant alleged that the Respondent owed him certain contractual entitlements. In particular, he alleged that the Respondent’s calculation of his accrued annual leave entitlements was incorrect and his normal hours of work had been reduced. He further submitted that he should receive a new contract following a transfer from one employer to another. 

In answer to a question, the Complainant accepted that he had received extensive contractual documentation at the commencement of his employment. When asked to demonstrate what aspect of this contractual documentation was deficient, he stated that the Respondent had not adhered to the terms as outlined. 

By response, the Respondent stated that the Complainant had received and agreed extensive contractual documentation at the outset of his employment. They submitted that these terms were compliant with the Act and consequently the Complainant’s application should fail.

The Respondent further submitted that the complaint regarding the non-payment of holiday pay is not actionable under the present legislation. For the avoidance of doubt, this aspect of the complaint was also denied.

Section 3 of the present Act provides that a Complaint must receive written terms of employment, signed by the employer shortly after the commencement of his employment.

In this regard, I note that the Complainant did receive extensive written terms of employment in advance of his commencement date. I further note that when the Complainant was asked what aspect of these terms were deficient for the purposes of the Act, he stated that the Respondent did not adhere to the terms therein. In this regard, I agree with the submission of the Respondent that such an allegation is not actionable under the present legislation. The Act requires that the terms are set out in writing and provided by a certain date, a breach of the terms is not actionable under the Act.

Notwithstanding the same, the Complainant also stated that he was subject to a transfer of undertaking in the course of his employment and did not receive a new contract from his employers. In this regard, Section 5 of the Act provides that when one of the terms of employment changes, an employee shall be notified of the same, in writing, within one month of the same.

In the present case it is agreed that the Complainant was subject to a transfer of undertakings in the course of his employment. While such a transfer would not prompt the issue of a new contract, as claimed by the Complainant, the name of the employer would have changed. No evidence was submitted demonstrating that this change was notified to the Complainant at the relevant time.

Having regard to the foregoing, I find that the Respondent is in breach of the relevant legislation and the complaint is well-founded.  

The complaint is well-founded and consequently I find in favour of the Complaint.

Section 7 of the Act (as amended) empowers me to award compensation not exceeding four weeks remuneration in respect of breach of the Act. Having regard to the totality of the evidence presented. I award the Complainant the sum of €408.90 in compensation for the breach of the Act.

Terms of Employment, Transfer of Undertakings