ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00043757

Parties:

Complaint:

Date of Adjudication Hearing:  02/11/2023

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 7 of the Terms of Employment (Information) Act 1994following 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.  The first hearing convened for 20 September 2023 was adjourned at the hearing by the Adjudication Officer due to a misunderstanding on the part of the Complainant that his mother could represent him.  The Respondent’s representative objected.  The objection is noted.   However, as the Complainant had emigrated to Australia and on the grounds of natural justice the matter was postponed and re-listed for a remote hearing for 2 November 2023.

Background:

The complaint is that the Respondent failed to provide the Complainant with written terms of conditions of employment as provided for in the Act.

Summary of Complainant’s Case:

The Complainant stated that his employment commenced on 12 July 2021 and ended on 6 September 2023.  For some time following the commencement of his employment, he did not receive a written contract.  He requested one in October 2022 and eventually received one in February 2023 after he put in his complaint to WRC.  There were a number of matters wrong in the contract including the spelling of his name.  He contended that he had been promised a fixed term contract which did not issue.

Summary of Respondent’s Case:

The Respondent agrees that the issue of written terms of employment contract did not conform with the Act in that he was given the contract later than required by the Act.  The Respondent denies that the Complainant was promised a fixed term contract.

Findings and Conclusions:

Section 3 of the Terms of Employment (Information) Act 1994 (as amended) provides that an employer shall, not later than 1 month 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 particulars of employment.

In this case, I find as fact that a statement was not provided to the complainant in accordance with the provisions of the Act.  I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €500 compensation.

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.

Based on the evidence and reasoning above, I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €500 compensation.

Dated:   18/12/2023

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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