Complainant

Respondent

Parties

Jason  Byrne

Emo House Developments

Representatives

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-00043087-001

16/03/2021

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00043087-002

16/03/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003

CA-00043087-003

16/03/2021

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant and two witnesses for the respondent (the owners of the business) gave their evidence under affirmation.

Both parties were permitted to cross examine the witnesses.

The complainant’s wage was €460 per week.

CA-00043087-001 Terms of Employment

The complainant indicated that he did not receive a written statement of his terms and conditions of work.

CA-00043087-002 Change to Terms of Employment

The complainant indicated that he did not receive a written statement of his terms and conditions of employment when his contract changed.

CA-00043087-003 Contract of indefinite duration

The complainant indicated that this complaint was make in error.

CA-00043087-001 Terms of Employment

The respondent indicated that the complainant did receive his contract of employment and provided a copy signed by both parties to support their contention.

CA-00043087-002 Change to Terms of Employment

The respondent indicated that the complainant did receive and copy of his updated contract of employment however, they indicated that they did not possess a signed version but did retain an unsigned copy on their computer for records.

CA-00043087-003 Contract of indefinite duration

The respondent had not submission to make in relation to this matter.

CA-00043087-001 Terms of Employment

The complainant stated in evidence that he did receive a contract of employment. As the respondent provided a copy of the original contract signed by both parties, and the complainant indicated that he had received it, I find that the complaint is not well founded.

CA-00043087-002 Change to Terms of Employment

The complainant stated that he did not receive a copy of any updated contract of employment or statement of terms of employment.  As the respondent was unable to provide a signed copy of the contract or evidence that a written statement was provided to the complaint, I find that this complaint is well founded.

CA-00043087-003 Contract of indefinite duration

AS the complainant indicated that this complaint was taken in error, I find that this complaint is not well founded.

CA-00043087-001 Terms of Employment

Having regard to all the written and oral evidence in relation to this complaint, my decision is that this complaint is not well founded.

CA-00043087-002 Change to Terms of Employment

Having regard to all the written and oral evidence in relation to this complaint, my decision is that this complaint is well founded.  Arising from my decision, I require the respondent to provide the complaint with a written copy of his terms and conditions of employment.  In addition, I order the respondent to pay the complainant compensation equivalent to two weeks’ pay, i.e. €920 (€460x2) which I consider to be just and equitable having regard to all the circumstances.

CA-00043087-003 Contract of indefinite duration

Having regard to all the written and oral evidence in relation to this complaint, my decision is that this complaint is not well founded.

Terms and Conditions of Employment – award – contract of indefinite duration – pursued in error