ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037638
Parties:
| Complainant | Respondent |
Parties | Patricia McAllister | DSG Retail Ireland Limited [title amended at hearing on consent] |
Representatives | Suzanne R Moran Solicitors SRM Legal instructing Ms Emma McIlveen BL | Mason Hayes & Curran LLP instructing Ms Rosemary Mallon BL |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00048914-001 DUPLICATE CLAIM | 03/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00048914-002 DUPLICATE CLAIM | 03/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048914-003 DUPLICATE CLAIM | 03/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048914-004 DUPLICATE CLAIM | 03/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048914-005 DUPLICATE CLAIM | 03/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048914-006 DUPLICATE CLAIM | 03/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00048915-001 WITHDRAWN AT HEARING | 03/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00048915-002 WITHDRAWN AT HEARING | 03/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048915-003 | 03/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048915-004 WITHDRAWN AT HEARING | 03/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048915-005 WITHDRAWN AT HEARING | 03/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048915-006 WITHDRAWN AT HEARING | 03/03/2022 |
Date of Adjudication Hearing: 17/04/2023
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. The hearing was conducted in person in Lansdowne House.
While the parties are named in the Decision, I will refer to Ms Patricia McAllister as “the Complainant” and to DSG Retail Ireland Limited as “the Respondent”.
As the name of the Respondent was incorrectly documented on the WRC complaint forms, it was amended on consent at the outset of the hearing and is reflected accordingly in the decision.
The Complainant attended the hearing and was represented by Ms Emma McIlveen BL instructed by Suzanne R Moran SRM Legal. The Respondent was represented at hearing by Ms Rosemary Mallon BL instructed by Mason Hayes & Curran LLP. Ms Rachel Sweeney BL was in attendance also.
Background:
The Complainant submitted two sets of claims on two complaint forms to the WRC on 03/03/2022 hence the duplication of claims. The complaints identified above as duplicate under CA-00048914-001 – CA-00048914-006 inclusive are deemed to be withdrawn due to the replication of said complaints.
The following claims were withdrawn by the Complainant’s representative at the opening of the hearing: CA-00048915-001 complaint under section 39 of the Redundancy Payments Act, 1967 and CA-00048915-002 complaint under section 6 of the Payment of Wages Act, 1991.
The complaints with the reference CA-00048915-004/005/006 are withdrawn as it was confirmed those claims are duplicates of CA-000-48915-003 which is a claim under the Terms of Employment (Information) Act, 1994 and the sole claim remaining for adjudication in the within case.
The Respondent retails consumer electronic products in Ireland and in the UK. The Complainant commenced employment with the Respondent in 1989. The Complainant’s employment terminated by reason of redundancy on 03/09/2021. The Complainant’s salary was €706.15 (gross) per week.
The Complainant alleges she did not receive a contract of employment when she commenced in her new role in 2020.
The Respondent is not contesting the claim.
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Summary of Complainant’s Case:
The specific details of the complaint are set out in the WRC complaint form as follows: In February 2020, the Claimant took up the role of Financial Services Compliance Coach with Dixons Carphone. At this point, she was provided with a new job title and line manager on MYHUB. She was told by the Financial Services Compliance Manager that she would be transferring from “Currys to Carphone contract.” The Claimant was never provided with a new contract of employment. |
Summary of Respondent’s Case:
The Respondent accepts that it did not provide the Complainant with an updated contract as required by statute. |
Findings and Conclusions:
CA-00048915-003 I find the complaint under the Terms of Employment (Information) Act, 1994 to be well-founded. |
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.
I decide that this complaint is well-founded, and I direct the Respondent to pay the Complainant compensation of €1412.30 equivalent to two weeks’ pay. As this award is made by way of compensation for a breach of a statutory entitlement, it is not subject to any statutory deductions.
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Dated: 15/05/2023
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Key Words:
No updated contract provided; |