ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00031118

Parties:

Complaint(s):

Date of Adjudication Hearing:  17/08/2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015] following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint

This matter was heard by way 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.

No objections were raised to the remote hearing.

Background

The Complainant commenced working for the respondent on the 2nd January 2016. He worked 44 hours per week, and he was paid €650 gross (€570 net) per week

The complainant stated that he was not provided with a contract of employment when he commenced employment with the respondent

The complainant stated 37 PRSI contributions had been submitted by the respondent  on his behalf for 2019

The Respondent stated that the contract was posted out to the complainant and that the complaint did not work a full year for him as he worked at home and for other employers.

Terms of Employment (Information|) Act 1994

CA-00041524-001

The complainant submitted that the respondent did not provide him with a contract of employment while the respondent submitted that he had posted one out to the complainant

Findings

3.—(1) 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, that is to say—

(a) the full names of the employer and the employee,

(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act, 1963),

(c) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places,

(d) the title of the job or nature of the work for which the employee is employed,

(e) the date of commencement of the employee’s contract of employment,

(f) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires,

F5[(fa) a reference to any registered employment agreement or employment regulation order which applies to the employee and confirmation of where the employee may obtain a copy of such agreement or order

F6[(g) the rate or method of calculation of the employee’s remuneration and the pay reference period for the purposes of the National Minimum Wage Act, 2000,

(ga) that the employee may, under section 23 of the National Minimum Wage Act, 2000, request from the employer a written statement of the employee’s average hourly rate of pay for any pay reference period as provided in that section,]

(h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,

(i) any terms or conditions relating to hours of work (including overtime),

(j) any terms or conditions relating to paid leave (other than paid sick leave),

(k) any terms or conditions relating to—

(i) incapacity for work due to sickness or injury and paid sick leave, and

(ii) pensions and pension schemes,

(l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee’s contract of employment) to determine the employee’s contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,

(m) a reference to any collective agreements which directly affect the terms and conditions of the employee’s employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.

I find there is a conflict between the parties. The respondent did not produce any evidence that he had posted the contract to the complainant

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint) in accordance with the relevant redress provisions under Schedule 6 of that Act.

 I find based on the conflicting evidence the case to be well founded and I award the complainant €1300 in compensation.

Dated:   6th October 2022

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

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