Complainant

Respondent

Parties

Stefan  Jennings

Cidos Trading Ltd Banba Toymaster

Complainant

Respondent

Anonymised Parties

Representatives

  In person

 Company owner

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-00044506-001

07/06/2021

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012

CA-00044506-002

07/06/2021

The complainant commenced employment in the respondent’s toy store on 12th October 2020 and worked until 8th December 2020.

This complaint was received by the Workplace Relations Commission on 7th June 2021.

CA – 00044506 – 001.

The Complainant was interviewed by the assistant store manager (Maurice Doyle) on Thursday the 8th October (08/10/2020), his interview was successful, the Complainant commenced employment on Monday (12/10/2020).

When the Complainant asked how long the position would be for he was informed "we can’t offer you anything permanent at the moment because of covid19 but we will see what happens in January".

The Complainant and another employee started work on the morning of 12/10/2020 at 10:00am. They were taken to the upper office and both given a sheet to fill out regarding bank details etc.

No written information about particulars of employment were issued to the complainant.

The complainant contends that he received wage slips sporadically. He never received a written statement of terms of employment, containing certain core terms of employment within the first 5 days of starting his job or the remaining terms in writing within 2 months of starting work.

CA – 00044506 – 002. - Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012

The Respondent offered no explanation regarding his failure to issue a written statement of the particulars of employment.

The Terms of Employment (Information) Act 1994 provides that an employer must issue its employees with a written statement of terms and conditions relating to their employment within two months of commencing employment.  It also provides that an employer must notify the employee of any changes in the particulars as given in the statement.

Written Statement of Terms:

The written statement must include the following

·       The full names of the employer and the employee

·       The address of the employer

·       The place of work or where there is no main place of work, a statement indicating that an employee is required or permitted to work at various places

·       Job title or nature of the work

·       Date of commencement of employment

·       If the contract is temporary, the expected duration of employment

·       If the contract is for a fixed term

·       The rate of pay or method of calculating pay

·       Whether pay is weekly, monthly or otherwise

·       The rate of pay or method of calculating pay, and pay reference period for the purposes of the National Minimum Wage Act, 2000

·       Terms or conditions relating to hours of work, including overtime

·       Terms or conditions relating to paid leave (other than paid sick leave)

·       Any terms or conditions relating to incapacity for work due to sickness or injury

·       Any terms or conditions relating to pensions and pension scheme

Day 5 Statement of Terms

With effect from 4th March 2019, an employer must also notify each new employee, in writing, within five days of commencement of employment, of the following core terms of employment.

·       The full names of the employer and the employee

·       The address of the employer

·       The expected duration of the contract, in the case of a temporary contract, or the end date if the contract is a fixed term contract

·       The rate or method of calculation of the employee’s pay

·       The number of hours the employer reasonably expects the employee to work per normal working day and per normal working week

A recommendation of a rights commissioner under subsection (1) shall do one or more of the following:

a) declare that the complaint was or, as the case may be, was not well founded.

b) (i) confirm all or any of the particulars contained or referred to in any statement furnished by the employer under section 3,4,5 or 6, or

(ii) alter or add to any such statement for the purpose of correcting any inaccuracy or omission in the statement and the statement as so altered or added to shall be deemed to have been given to the employee by the employer,

c) require the employer to give or cause to be given to the employee concerned a written statement containing such particulars as may be specified by the commissioner,

d) order the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 4 weeks remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977,

The complaint as submitted is well founded and I now order the Respondent to pay compensation in the amount of 4 weeks wages i.e. €2,508.00 (57 x 11 x 4).

This compensation should be paid within 42 days from the date of this decision.

CA – 00044506 – 002.

It was pointed out to the Complainant that as he was not involved/employed in road transport this complaint is not well founded and therefore fails.

CA – 00044506 – 001.

The complaint as submitted is well founded and I now order the Respondent to pay compensation in the amount of 4 weeks wages i.e. €2,508.00 (57 x 11 x 4).

This compensation should be paid within 42 days from the date of this decision.

CA – 00044506 – 002.

The complaint is not well founded and therefore fails.