Complainant

Respondent

Anonymised Parties

A Trainee Mechanic

A Garage

Representatives

James Evans - Solicitor

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-00029762-001

18/07/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00029762-003

18/07/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00029762-004

18/07/2019

The Complainant was employed by the Respondent Company in the role of “Apprentice Mechanic/Cleaner” commencing on 17th June 2019. His position was terminated by the Company on 26th July 2019.

It should be noted that along with the claim put forward under the Terms of Employment (Information) Act, 1991 (CA00029762-001), two further claims were put forward under this case under the Employment Equality Acts. I set out the case and findings below for one of those complaints (CA00029762-004).

During the hearing, the Claimant confirmed that a second equality complaint relating to pay has been fully addressed and resolved separately through a WRC workplace inspection and therefore does not require further consideration in this hearing. As that claim is resolved to the Claimants satisfaction it is therefore formally withdrawn (CA00029762-003).

Terms of Employment (Information) Act, 1994 The Complainant was not provided with a written contract of employment setting out his terms and conditions of employment prior to or after his employment commenced on 17th June 2019.

In addition, he did not receive any manual handling training or safety clothing/PPE.

The Complainant contends he requested a request a copy of his contract of employment on several occasions from his employer, but the documents have not been provided up to the date of the hearing.

Employment Equality Act, 1998 The Complainant contends he has dyslexia. He alleges he was subject to verbal abuse by a work colleague on one occasion during his time with the company connected to his condition. On the 11th June 2019, while taking notes for another staff member regarding parts when he requested to check the spelling of the wording.

He was asked if he could “read or write.” He stated that he was “dyslexic” and therefore needed to check the spelling. He was subsequently made fun of and mocked and as a result went on sick leave due to stress and upset.

He sent a sick note to the company confirming his illness to the company. Following this, he received a letter from the company stating his contract had been summarily terminated while on sick leave.

Terms of Employment (Information) Act, 1991 The Respondent submits the Complainant never asked for a copy of his contract of employment at any stage during his employment. However, it was acknowledged that a contract of employment was not provided prior to or after commencement of employment or at any stage up to the hearing date.

The Respondent stated that they understood and accepted that it is an employer’s responsibility to provide a contract of employment upon commencement of employment however not providing one on this occasion was down to an administrative oversight.

Employment Equality Act, 1998 The Complainant was not aware the Respondent had dyslexia. This was not mentioned during the recruitment stage nor was it mentioned after the Complainant commenced employment with the Company at any time.

The management of the Company had no idea the Complainant had dyslexia. They further contend they were not made aware of the incident in question on the 11th June 2019, which is the basis of this complaint and only became appraised of this when the formal notice from the WRC was received.

At no stage prior to this hearing has the Claimant alerted the Directors to the fact that this incident occurred. Had he done so, the matter would have been investigated and managed right away. It is their contention the Complainant has presented the case to the WRC rather than bring this to the Respondent’s attention to allow them to investigate the matter in the first instance.

Further, the Respondent contends this claim is very hurtful as they would not stand for any situation where an employee is belittled or made feel uncomfortable, insecure or vulnerable in their workplace.

Terms of Employment information (CA00029762-001) The Complainant commenced employment on the 17th June 2019. His employment was terminated summarily by letter from the Respondent on the 26th July 2019 due to performance issues while on sick leave.

It is clear and accepted by the Respondent that the Complainant did not receive a copy of his full contract terms and conditions prior to or after his commencement of employment as is required under the Terms of Employment (Information) Act 1994 within two months of the date of  commencement of his employment. The Respondent has fully acknowledged this omission.  

Equality (CA00029762-004) I have considered the evidence presented to me during the hearing.

Section 85A of the Employment Equality Acts 1998 sets out the burden of proof which applies in a claim of discrimination. It requires the Complainant establish, in the first instance, facts from which it may be presumed that there has been discrimination in relation to thim. If he succeeds in doing so, then is it falls to the Respondent to prove otherwise.

The facts from which the occurrence of discrimination may be inferred must be of reasonable significance before a prima facie case can be established and the burden of proof shifts to the Respondent. In deciding on this claim, I must firstly consider whether the existence of a prima facie case has in fact been established by the Complainant.

 In order to determine whether the Complainant has established a prima facie case a three-tier test is employed:

First, the Complainant must establish that he is covered by the relevant discriminatory ground.

Second, he must establish that the specific treatment alleged has actually occurred.

Third, it must be shown that the treatment was less favourable than the treatment which was or would have been afforded to another person in similar circumstances not covered by the relevant discriminatory ground.

In this case, no evidence was provided by the Complainant to support his assertion that he is covered by the disability ground. Therefore, his position fails on the first tier, therefore tiers two and three are disregarded and a premia facia case is not established.

Terms of Employment information (CA00029762-001) I find the failure of the Respondent to provide a copy of the Complainant’s written terms and conditions of employment within a period of two months from his commencement date is in clear breach of the relevant Act. I therefore award the sum of €250 by way of compensation. This is not any form of wages or renumeration.

Equality (CA00029762-004) I find the Complainant has not satisfactorily established a premia facia case of discrimination within the meaning of the relevant Act and therefore his claim cannot succeed.

Contract of Employment – Equality – Dyslexia – Terms and Conditions of Employment