ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028661
Parties:
| Complainant | Respondent |
Anonymised Parties | A complainant | A small catering establishment |
Representatives | none | none |
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-00036088-001 | 10/05/2020 |
Date of Adjudication Hearing: 03/03/2021
Workplace Relations Commission Adjudication Officer: Conor Stokes
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 was employed as a chef by the respondent from May 2019 until April 2020. Her salary was €33,000 p.a. The inquiry into this matter took place by way of remote hearing. |
Summary of Complainant’s Case:
The complainant submitted that she received neither contract of employment nor written terms and conditions relating to her employment. |
Summary of Respondent’s Case:
The respondent conceded that it had not provided the complainant with a copy of her terms and conditions of employment. |
Findings and Conclusions:
Having considered the written and oral evidence presented to me I find that the complaint was 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.
Arising from my findings and conclusions above, my decision is to award the complainant compensation in the amount of €634.62 equivalent to one weeks salary, an amount which I consider just and equitable having regard to all the circumstances of this case. |
Dated: 10th May 2021
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Written terms and conditions of employment, compensation. |