ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00031789
Parties:
| Complainant | Respondent |
Parties | João Mendes | Hayes Higgins Partnership |
Representatives | Self represented | Wendy Doyle Wendy Doyle Solicitors |
Complaint:
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-00041765-001 | 03/01/2021 |
Date of Adjudication Hearing: 02/03/2022
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 7 of the Terms of Employment (Information) Act 1994 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 contends that he did not receive written terms of conditions of employment as provided for in the Act. |
Summary of Complainant’s Case:
The Complainant stated that he was employed by the Respondent as an Engineer from 20th January 2020 to 16th December 2020. He received a letter containing core terms of employment which he signed on 10th January 2020. He did not receive a full written contract of employment within the time specified in the Act. Sworn evidence was given by the Complainant. He stated that he did not recall being given a contract by the Financial Controller. |
Summary of Respondent’s Case:
Sworn evidence was given by the Financial Controller of the Respondent Company. He stated that the Complainant received the core terms on 10th January 2020. He also was given the written contract of employment by the Financial Controller at a brief meeting held with the Complainant in the Company Boardroom on 28th February 2020. The meeting only lasted five minutes, and he gave the complainant the contract, did not ask him to sign it, just to take it away. |
Findings and Conclusions:
It is common case that the Complainant was given core terms of employment on 10th January 2020. I note that document contains information on the position, location, start date, salary and other conditions of employment such as annual leave etc. I note the conflict of evidence regarding the detailed contract which the Respondent stated was given to the Complainant and which the Complainant stated he did not recall. On the balance and evidence given by the Financial Controller, I find that the Respondent complied with Section 3 of the Act and I find the complaint to be not well founded. |
Decision:
Section 7 requires me to make a decision in relation to the complaint.
Based on the evidence and findings above, I have decided that the complaint is not well founded.
Dated: 28th April 2022
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Written terms of employment, core terms, complaint not well founded. |