Complainant

Respondent

Parties

Krzysztof  Kustra

Wentworth Logistics Limited

Representatives

  Self-Represented

Self-Represented

Act

Complaint 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-00046297-002

18/09/2021

The Complainant commenced employment with the Respondent on 1st January 2016. The Complainant is a permanent, full-time employee of the Respondent. At the outset of the hearing, it was agreed that that the Complainant average weekly rate of pay is €641.00. On 18th September 2021, the Complainant referred the present complaint to the Commission. Herein, he alleged that he did not receive a statement of terms of employment, in contravention of the Act. By response, the Respondent denied this allegation, stating that the Complainant was provided with a comprehensive set of documentation at, or near, the commencement of his employment.

A hearing in relation to this complaint was convened for, and finalised on, 2nd September 2022. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

Both the Complainant and a Manager on behalf of the Respondent gave sworn evidence in support of their complaints. Both parties were cross-examined by the opposing side. No issues as to my jurisdiction to hear the complaint were raised at any stage of the proceedings.

In evidence the Complainant stated that he did not receive a statement of terms of employment at any stage of his employment. In answer to a question, the Complainant stated that he did raise this with management. By response he was informed that the matter would be “looked into” however no substantive response was received.

In answering the complaint, a manager on behalf of the Respondent submitted that all new employees are issued with comprehensive documentation at the outset of their employment. He stated that the Complainant was no different and would have received the same contract as every other employee in the business.

In answer to a question posed by the Adjudicator, the witness accepted that he could not produce a copy of a signed statement of terms. He further accepted that he could not provide sworn evidence regarding the Complainant receiving the contract. Nonetheless, the witness stated that the Complainant never raised this issue in the course of his employment, and the current proceedings could have been avoided if he had.

Section 3(1) of the Act (as amended) provides that,

“An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment”

Section 3(5) of the Act (as amended) provides that,

“A copy of a statement furnished under this section shall be retained by the employer during the period of the employee's employment and for a period of 1 year thereafter.”

In the present case, I note the conflict of evidence regarding the provision of such a statement at the outset of the Complainant’s employment. In circumstances whereby the Complainant gave direct evidence regarding the Respondent’s failure in this regard, I find in his favour in relation to this point. Notwithstanding the same, it is apparent that the Respondent is in breach of Section 3(5), as set out above.

I find that the complaint is well-founded and consequently the Complainant’s application succeeds.

Regarding redress, Section 7 of the Act (as amended) empowers me to award compensation not exceeding four weeks remuneration in respect of breach of the Act. Having regard to the totality of the evidence presented, I award the Complainant the sum of €2,564.00 in compensation.

Non-receipt, Section 3(5)