Complainant

Respondent

Parties

Rafal  Morton

Sar Group

Representatives

Warren Parkes Warren Parkes Solicitors

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-00048473-001

04/02/2022

The Complainant commenced employment in 2009 with a company which was taken over by the Respondent in a Transfer of Undertakings in 2013. The Complainant was employed as a security guard, primarily working in the healthcare area. He has worked in the same hospital for the last 13 years.  He works 39 hours per week and is paid €538.07 per week.

In his complaint form the Complainant submitted, “no contract of employment”. 

The Complainant gave evidence under oath at the hearing. The Complainant stated that he had started in Federal Security 15 or 16 years ago, generally carrying out security duties in the health care sector.  When SAR, the Respondent, took over some years ago his service remained intact and continuous. The Complainant submits that he never received a contract of employment from the Respondent, nor did he receive any documentation relating to his terms and conditions of employment. The Complainant stated that although he had read an old contract (from one of his previous employers) and did know the basic elements, he had never signed a contract.

In response to the Complainant’s claim the Respondent submits that a Transfer of Undertakings did occur in 2013 when the Respondent became the Complainant’s employer. Around this time a contract of employment was issued to the Complainant by the Respondent.  This contract was signed by the Respondent’s then Operations managed and dated 23 August 2013.

The Respondent submits that the Complainant has a contract of employment and he highlights the existence of same in a related complaint submitted to the WRC. The Respondent does not have any record or receipt to support their case that a contract was issued to the Complainant.

Sec 3 (1) of this Act states:

“An employer shall, not later than 2 months 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”

From the evidence adduced it is clear the Respondent cannot prove it did provide the Complainant with a written contract of employment as required under the Act. 

It behoves all employers to issue contracts as required by statute.  Employers should then get a receipt from the employee confirming that the employee has received, read and understands the contract provided to them.  The employer should then keep a record of the employee’s receipt on file.  By following these simple steps employers would no longer fall foul of the Act in this regard.

I note that Sec 7 (2) (d) of the Act states, “compensation of such an amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 4 weeks remuneration”.

In this case I believe the award of one week’s remuneration is warranted.

I find the Complaint herein to be well founded and I direct a payment of compensation in the amount of € 538.07 which I find is just and equitable in all the circumstances.

Contract of Employment, Records