TED2213

1.Appeal Of Adjudication Officer Decision No(s)ADJ-00035331 CA-00046495-001


BACKGROUND:

2.The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 28 August 2022 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place on 25 November 2022. The following is the Decision of the Court:-





DETERMINATION:

Background to the Appeal

This is an appeal by Mr Javier Fernandez Torres (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00035331/CA-00046495-001, dated 10 August 2022) under the Terms of Employment (Information) Act 1994 (‘the Act’). Notice of Appeal was received on 28 August 2022. The Court heard the appeal (along with two associated appeals – TE/22/45 and TE/22/46) in Dublin on 25 November 2022.

The Complainant was employed by Sitting Tree Limited T/A Harbour Bar (‘the Respondent’) as a bartender from 7 June 2021 until his employment terminated on 31 September 2021, the Respondent having determined that he had not successfully completed his probationary period and was not a good fit for the business. In the period immediately prior to his dismissal, the Complainant worked on average sixteen hours per week and was paid €12.00 per hour.

The Complainant alleges that the Respondent failed to furnish him with a five-day written statement of terms and conditions and was therefore in breach of section 3(1A) of the Act. Both Parties furnished the Court with comprehensive written submissions which the Court took as read. Mr Crean, for the Respondent, submitted that a written payslip containing certain particulars of the Complainant’s employment issued to him on 16 June 2021. He further submits that the absence of certain particulars from the payslip required under the Act to be included in five-day statement constitutes a mere ‘technical breach’ of the Act. In answer to a question from the Court, Mr Crean accepted that nowhere on the payslip issued on 16 June 2021 did it state that it was being issued to the Complainant in fulfilment of the Respondent’s obligation to him under section 3(1A) of the Act.

Discussion and Decision

It is abundantly clear from the facts as accepted by both Parties that the Respondent did not issue the Complainant with a five-day statement of terms and conditions in accordance with section 3(1A) of the Act.

The Court, accordingly, awards the Complainant four weeks compensation in respect of this omission on the part of the Respondent. The compensation is calculated as follows: 4 x 16 hours @ €12.00 per hour = €768.00.

The Court so determines.

	Signed on behalf of the Labour Court
	Alan Haugh
DC	______________________
28 November 2022	Deputy Chairman