Adjudication Reference: ADJ-00037644
Parties:
| Complainant | Respondent |
Parties | Declan Jones | Adure Innovations Limited, The Brown Pig |
Complaints:
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-00049070-001 | 04/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00049070-002 | 04/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00049070-005 | 04/03/2022 |
Date of Adjudication Hearing: 09/03/2023
Workplace Relations Commission Adjudication Officer: Pat Brady
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.
Background:
The complainant began working with the respondent, a craft butcher, on March 1, 2021. He worked with the respondent for nine months.
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Summary of Complainant’s Case:
The complainant says that he had not been given a statutory statement of his terms of employment that complied with the Terms of Employment (Information) Act. He also complains that he was not paid notice on the termination of his employment. |
Summary of Respondent’s Case:
In respect of the complaint under the Terms of Employment (Information) Act it was not disputed that the respondent had not complied with the requirements of the act and the complainant had not been given a statement of the terms of employment as required. |
Findings and Conclusions:
In respect of the complaint under the Terms of Employment (Information) Act it was not disputed that the respondent had not complied with the requirements of the act, and it was accepted that the complainant had not been given a statement of the terms of employment as required. The complainant is also entitled to notice. He had been employed from March 4th to September 18th, 2021 and is entitled to ones week’s pay. Complaint CA-00049070-002 was submitted in error and was withdrawn at the hearing. |
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.
Complaint CA-00049070-001 is well founded and I award the complainant €1323.20 for the breach of his rights under the Act. Complaint CA-00049070-005 is also well founded I also award him €661.60 as his entitlement to a notice payment. (Complaint CA-00049070-002 was withdrawn at the hearing). |
Dated: 23/08/2023
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Minimum Notice, Terms of Employment |