TED2210

1.Appeal of Adjudication Officer Decision No(s) ADJ-00031261, CA-00041664-003.

BACKGROUND:

2.The Employer appealed the Decision of the Adjudication Officer to the Labour Court on the 3rd of March 2022 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2012. A Labour Court hearing took place in a virtual setting on the 3rd of May 2022. The following is the Decision of the Court.

DETERMINATION:

This is an appeal by Alfa Omega Construction Ltd against an Adjudication Officer’s Decision ADJ-00031261 given under the Terms of Employment (Information) Act 1994 (the Act) in a claim by Emil Wyrebiak that he did not received written terms and conditions of employment. The Adjudication Officer found that the claim was well founded and awarded compensation of €1,500 being the equivalent of four weeks salary.

In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Emil Wyrebiak is referred to as the Complainant and Alfa Omega Construction Ltd are referred to as the Respondent.

Background

The Complainant was employed as a fitter with the Respondent from the 1st November 2020 until the 18th December 2020. The parties knew each other prior to the commencement of the employment relationship.

Complainant’s case

The Complainant informed the Court that he had been paid all outstanding money and would not be in attendance at the Court hearing.

Respondent’s case.

The Respondent submitted that the Complainant was provided with a written statement of terms of employment and opened a copy of same to the Court.

Discussion

The Court was provided with a copy of the written terms of employment provided to the Complainant. There was no submission before the Court that this document was not compliant with the requirements of the Act.

Determination

The Court having carefully read the submissions determines that no breach of the Act was identified. The appeal succeeds. The Decision of the Adjudication Officer is set aside.

The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
19 May 2022	Deputy Chairman