ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044224
Parties:
| Complainant | Respondent |
Parties | Francis Corby | OCL Laundry Services Limited |
Representatives | Self-Represented | No Appearance |
Complaint:
Act | Complaint 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-00054782-002 | 31/01/2023 |
Date of Adjudication Hearing: 24/07/2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
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:
The Complainant commenced employment with the Respondent on 1st June 2020. The Complainant was engaged as a part-time driver, earning an average of €295.00 per week.
On 31st January 2023, the Complainant referred the present complaint to the Commission. Herein, he alleged that he did not receive a contract of employment, in contravention of the Act. No rebutting submission was received from the Respondent in this regard.
A hearing in relation to this matter was convened for, and finalised on, 24th July 2023. There was no appearance by or on behalf of the Respondent at this hearing.
During the hearing, the Complainant gave brief evidence in support of his complaint. |
Summary of Complainant’s Case:
The Complainant submitted that the did not receive a signed statement of the terms of his employment, in contravention of the Act. In answer to a question posed by the Adjudicator, the Complainant stated that he did not receive any such documentation at any stage of his employment. In this regard, the Complainant referred to an email he issued to the Respondent, stating that he did receive a contract and asking for a copy of the employee handbook. |
Summary of Respondent’s Case:
There was no attendance by or on behalf of the Respondent at the hearing as listed. Having reviewed the file, it is apparent that the Respondent was aware of the time, date and venue of the hearing. In particular it is noted that the Respondent confirmed receipt of the complaint itself, with the invitation to hearing being sent to the email address provided for this purpose. Having regard to the foregoing, the matter proceeded in the Respondent’s absence. |
Findings and Conclusions:
Section 3(1) of the Act (as amended) provides that, “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” Section 3(5) of the Act (as amended) provides that, “A copy of a statement furnished under this section shall be retained by the employer during the period of the employee's employment and for a period of 1 year thereafter.” The Complainant’s case in this regard is simple, in evidence he stated that he received no such terms in accordance with this provision. In circumstances whereby this evidence was uncontested by the opposing side, I find that the complaint is well-founded and the Complainant’s application succeeds. |
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 find that the complaint is well-founded, and consequently the Complainant’s application succeeds. Section 7 of the Act (as amended) empowers me to award compensation not exceeding four weeks’ remuneration in respect of breach of the Act. Having regard to the totality of the evidence presented, I award the Complainant the sum of €1,176.00, or the equivalent of four weeks’ remuneration, in compensation. |
Dated: 6th November, 2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance, Statement of Terms |