FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES: VIALAND LTD T/A EXPERT REMOVALS (REPRESENTED BY PENINSULA) - AND - MS MARY POWER (REPRESENTED BY KATE O'LOUGHLIN B.L. INSTRUCTED BY COMMUNITY LAW AND MEDIATION NORTHSIDE) DIVISION:
SUBJECT: 1.Appeal Of Adjudication Officer Decision No(s)ADJ-00033114 CA-00043829-001 The Complainant lodged her complaint with the WRC on the 30thApril 2021 therefore the cognisable period is 31stOctober 2020 to 30thApril 2021. Summary of Complainant’s submission and evidence. Ms O'Loughlin BL on behalf of the Complainant submitted that the Complainant never received either a statement or a contract of employment setting out her terms and conditions of employment. This was a serious breach of the Act and compensation should have been awarded. The Complainant in her evidence to the Court stated that she never received the five-day statement or a contract of employment. It was put to the Complainant that it would be the evidence of Mr Courtney that he emailed her a document prior to commencing work and that when she started work, he handed her a contract. The Complainant was adamant that she had not received either document. Summary of Respondent’s submission and evidence. Ms Walsh on behalf of the Respondent states that the Complainant was given a contract of employment dated 27thJuly 2020 and a written offer of employment dates 22ndJuly 2020. The applicable law Section 3 (1) (a) of the Act states;
Discussion The Court notes that the letter of offer that the Respondent was relying on in his sworn evidence does not comply with the requirements of section 3(1) (a) of the Act. The Court also notes that the Respondent’s sworn evidence before the Adjudication Officer was that it had been sent to the Complainant two weeks after she had commenced work, which conflicts with his sworn evidence to this Court that he had sent it by email the day before she commenced work. The Court finds that on the balance of probabilities that the Complainant did not receive a statement complying with the requirements of section 3(1) (a) of the Act within the designated time frame. Determination The Court having carefully read the submissions and listened to the oral submissions on the day determines that compensation in the amount of four weeks salary should be paid to the Complainant. Based on the payslips provided to it, the Court determines that the Complainant worked on average 23 hours a week at an hourly rate of €20 giving a total of 23x20 =460 x4 weeks =€1840. The Decision of the Adjudication Officer is varied accordingly. The Court so determines.
NOTE Enquiries concerning this Determination should be addressed to David Campbell, Court Secretary. |