ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00040768
Parties:
| Complainant | Respondent |
Parties | Jacek Lubinski | G4S Secure Solutions (Ireland) |
Representatives | Self-represented | Angelica Lumanisa, G4S Secure Solutions (Ire) Limited |
Complaint(s):
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-00051886-001 | 26/07/2022 |
Date of Adjudication Hearing: 27/04/2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant gave his evidence under affirmation while a witness for the respondent took the oath at the outset. The hearing took place with the assistance of a Polish interpreter provided by the WRC. |
Summary of Complainant’s Case:
The complainant stated that he never received a copy of the terms and conditions of his employment in writing. The complainant stated that his gross fortnightly wage is €1,137.00 |
Summary of Respondent’s Case:
The witness for the respondent agreed that the complainant was not provided with a written copy of his terms and conditions. The respondent agreed that his gross fortnightly wage amounts to €1,137.00 |
Findings and Conclusions:
The respondent agreed the complainant was not provided with a written copy of his terms and conditions of employment at the start of the hearing. Therefore, I find that the complaint is well founded. Given that no written statement of terms was provided to the complainant, I am satisfied that an award of compensation equivalent to four weeks wages is just and equitable having regard to all the circumstances of this complaint. The complainants gross wage is €1,137 therefor the level of compensation is €2,274.00 |
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.
Having regard to all the written and oral evidence presented in relation to this complaint, my decision is that the complaint is well founded, and I award the complainant compensation of €2,274.00, which I consider to be just and equitable having regard to all the circumstances. |
Dated: 12/06/2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Terms of Employment Information – well founded – accepted – award of compensation |