ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030851
Parties:
| Complainant | Respondent |
Parties | Brian O'Sullivan | Hallquar Engineering Services Ltd |
Complaints:
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-00041211-001 | 24/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00041211-002 | 24/11/2020 |
Date of Adjudication Hearing: 27/09/2021
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant commenced working very the Respondent on the 7 September 2020. His employment ceased on 20 November 2020. He worked as a digger operator for the Respondent. |
Summary of Complainant’s Case:
CA-00041211-001 This complaint was that the Complainant did not receive his terms and conditions of employment or any documentation of any kind from the Respondent. CA-00041211-002 This complaint was in relation to outstanding holiday/annual leave which the Complainant had accumulated since he started working for the Respondent. The Complainant confirmed that this payment had been made since the complaint was lodged and it was withdrawn. |
Summary of Respondent’s Case:
CA-00041211-001 The Respondent acknowledged that the two members of staff who had responsibility for issuing the Complainant with the information/contract details set down by the Terms of Employment (Information) Act 1994 as amended by the Employment (Miscellaneous Provisions) Act 2018 were on sick leave at the time the Complainant commenced working for the Respondent. It acknowledged that the Complainant did not receive the information required by the above legislation. |
Findings and Conclusions:
CA-00041211-001 It was agreed by the parties that the required information was not provided to the Complainant. I have considered the evidence presented to me both in writing and at the hearing of this case. Had the Respondent provided the necessary and required information to the Complainant at the start of his employment, it may have avoided the confusion that subsequently arose between the parties. In accordance with section 7 (2) (d) of the Terms of Employment (Information) Act 1994, my order is that the Respondent pay to the Complainant compensation in the sum of €5,200.00 (four weeks renumeration) which some I consider to be just and equitable having regard to the circumstances of this case. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00041211-001 This complaint is well founded. I award the Complainant compensation of €5,200.00. CA-00041211-002 This complaint was withdrawn at the hearing of the action. |
Dated: 08-11-21
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
No terms and condition of employment |