ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034936
Parties:
| Complainant | Respondent |
Parties | Tamara Crowley | McNamee's Londis |
Representatives | Gerard Lernihan |
|
Complaints:
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-00045537-001 | 04/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00045537-002 | 04/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00045537-005 | 04/08/2021 |
Date of Adjudication Hearing: 20/05/22 & 05/12/2022
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings.
Parties were advised for hearing that following the delivery of a judgement of the Supreme Court in Zalewski v Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 that the hearing would be held in public, and that this decision would not be anonymised and there was no objection to same.
Parties were also advised that an Adjudication Officer may take evidence under oath or affirmation and reminded that cross examination is permitted. Where submissions were received, they were exchanged. Evidence was taken under affirmation from the Complainant and under affirmation from Kevin McNamee Owner respondent.
Background:
The complainant commenced employment on 22nd March 2021, her employment ended on 20th May 2021 and her hourly rate of pay was €10.50. The complainant submits that she did not receive a statement in writing of her terms of employment nor did she receive core terms in writing. |
Summary of Complainant’s Case: CA-00045537-001
The complainant submitted and it was her evidence that she never received a copy of her terms and conditions of employment. |
Summary of Respondent’s Case: CA-00045537-001
The respondent submitted and it was Mr McNamee’s evidence that the complainant received her terms and conditions of employment but did not return them. |
Findings and Conclusions: CA-00045537-001
The complainant commenced employment on 22 March 2021 and her employment ended on 20 May 2021. I find the complainant’s evidence credible that she did not receive terms and conditions of employment up to her employment ending on 20th May 2021. At the time of the complainant’s employment the respondent had to provide same within two months of the complainant’s employment, but the employment ended before the two months. I find, therefore, that the complainant’s complaint is unfounded. |
Summary of Complainant’s Case: CA-00045537-002
The complainant withdrew this complaint. |
Summary of Complainant’s Case: CA-00045537-003
It was submitted that the worker never received her core terms of employment. The evidence of the worker was that she never received her core terms of employment. |
Summary of Respondent’s Case: CA-00045537-003
The respondent submitted and it was the evidence of Mr McNamee that the complainant received her core terms and conditions of employment but did not return them. |
Findings and Conclusions: CA-00045537-003
The complainant submits that she did not receive core terms of employment a claim which the respondent denies. Section 3(1A) came into force on the 4th March 2019 and applies to employments which commenced on or after that date including the complainant. Section 3 sets out that 1A) Without prejudice to subsection (1), an employer shall, not later than 5 days 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 2014); (c) 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; (d) the remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the employee is entitled and the pay reference period for the purposes of the National Minimum Wage Act 2000; (e) the number of hours which the employer reasonably expects the employee to work— (i) per normal working day, and (ii) per normal working week;… In all the circumstances, I prefer the evidence of the complainant and find the complaint well founded and I award the complainant compensation of €420. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00045537-001 I find that the complainant’s complaint is unfounded. CA-00045537-003 I find that the complaint is well founded and award compensation of €420. |
Dated: 24th April 2023
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Core terms, terms and conditions |