ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053262
Parties:
| Complainant | Respondent |
Parties | Charmaine Gorman | Boylesports Ltd |
Representatives | Self-represented | Pat Collier, Collier Broderick |
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-00065213-001 | 06/08/2024 |
Date of Adjudication Hearing: 11/12/2024
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 and three witnesses for the respondent undertook to give evidence under affirmation or oath. |
Summary of Complainant’s Case:
The complainant stated that the respondent changed her terms and conditions of employment without giving her notice of the change in writing. She stated that they changed the period and frequency of the pay cycle. The employee confirmed that her rate of pay was €12.75 for an average 30 hour week. |
Summary of Respondent’s Case:
The respondent accepted that they had change the pay cycle and accepted that they did not give the complaint notice in writing of the change. |
Findings and Conclusions:
Section 5(1) of the Terms of Employment (Information) Act, 1994 states as follows: 5.—(1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3, 4 or 6, the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than— (a) the day on which the change takes effect, or (b) where the change is consequent on the employee being required to work outside the State for a period of more than 1 month, the time of the employee’s departure. The respondent accepted that they contravened the Act in not giving the complainant notice of the change in writing. Accordingly, I find that the complaint is well founded. Therefore, I award the complainant the equivalent to two weeks wages, i.e. €765, which I consider to be just and equitable in the circumstances. In addition, I require the employer to give written notice of the change to her conditions of employment in writing. |
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 considered all the written and oral evidence presented in relation too this matter, my decision is that the complaint is well founded and that the Act was contravened. Therefore, I award the complainant the equivalent to two weeks wages, €765, which I consider to be just and equitable in the circumstances. In addition, I require the employer to give written notice of the change to her conditions of employment in writing. |
Dated: 12th December 2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Terms of Employment (Information) – change in terms not notified in writing – contravention of Act – award of compensation – require employer to give written notice |