Complainant

Respondent

Parties

Tomasz  Perkowski

Oic Cleaning

Representatives

  In person

Company manager

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-00046934-001

02/11/2021

The Complainant commenced employment with the Respondent on 26th July 2021 and left this employment on 25th August 2021, he was employed as a Human Resources Manager.

This complaint was received by the Workplace Relations Commission on 2nd November 2021.

The Complainant commenced employment with the Respondent on 26th July 2021 and left this employment on 25th August 2021, he was employed as a Human Resources Manager.

The Complainant contends that pursuant to the Employment (Miscellaneous Provisions) Act, 2018 the employer is legally obligated to provide the employee, no later than 5 days after the commencement of employment a written statement containing 5 main terms and conditions of employment:

1.       The full names of the employer and the employee

2.       The address of the employer

3.       Duration of contract

4.       The rate of pay, method of calculation and the pay reference period

5.       The number of hours to be worked each week.

The Respondent failed to provide such a statement.

The Respondent understands that the purpose of issuing the 5 core terms of employment in writing within 5 days is so that the employee would understand his/her core terms of employment. In this instance the Respondent would assert that through the negotiations via email on 19th and 20th July 2021 the Complainant did actually receive these in writing via email, he was fully aware of the 5 core terms of employment and more importantly understood these 5 core terms.

The Respondent asserts that it did fulfil its obligations in relation to the Terms of Employment (Information) Act, 1994.

I believe the Complainant was fully aware of the five core terms of employment and the email exchanges prior to the commencement of employment would suggest this was the case.

Technically, the Complainant should have been issued with this statement in writing.

Section 7 (e) of the Terms of Employment (Information) Act, 1994 (as amended) reads as follows:

(e) in relation to a complaint of a contravention under section 6C, and without prejudice to any order made under paragraph (d), order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of 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.

I now order the Respondent to pay compensation to the Complainant in the sum of one week’s wages i.e. €1,057.69.

This payment should be paid to the Complainant within 42 days from the date of this decision.

I now order the Respondent to pay compensation to the Complainant in the sum of one week’s wages i.e. €1,057.69.

This payment should be paid to the Complainant within 42 days from the date of this decision.