ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053939
Parties:
| Complainant | Respondent |
Parties | Robert McCarthy | Lonsdale Motors Ltd t/a Wexpartz (amended on consent) |
Representatives |
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Complaints:
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-00065793-001 | 04/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00065793-004 | 04/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00065793-005 | 04/09/2024 |
Date of Adjudication Hearing: 12/11/2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
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.
Background:
Mr. Robert McCarthy gave his evidence on Affirmation. He was accompanied by this wife, Mrs. Niamh McCarthy.
Mr. Gerard Foley, owner of the Respondent gave evidence on Affirmation.
No submissions were received by either party.
The name of the Respondent was amended to Lonsdale Motor Limited t/a Wexparts at the outset of the hearing by Mr. Foley.
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Summary of Complainant’s Case:
CA-00065793-001 It was Mr. McCarthy’s evidence that he believed he was never given a contract of employment, nor did he ask his employer. CA-00065793-004 At the outset of the hearing, Mr. McCarthy withdrew this complaint. CA-00065793-005 Mr McCarthy said this was a repeat of the earlier complaint – CA-00065793-001. |
Summary of Respondent’s Case:
Mr Foley described Mr McCarthy as a highly valued employee. CA-00065793-001 Mr Foley agreed that had contracts he did not give Mr McCarthy a contract of employment. He agreed to provide Mr McCarthy with a contract of employment by Friday, 15 November 2024. CA-00065793-004 The complaint is withdrawn. CA-00065793-005 It was Mr Foley’s evidence that he would provide a statement of terms which would be included in the contract of employment by Friday, 15 November 2024. |
Findings and Conclusions:
CA-00065793-001 Based on the undisputed evidence, I find that the complaint is well founded. Having regard as what is just and equitable in circumstances, where Mr Foley has undertaken to provide a contract of employment to Mr McCarthy by close of business on Friday, 15 November 2024, I am making no further orders. CA-00065793-004 The complaint was withdrawn by the Complainant at the outset of the hearing. CA-00065793-005 Based on the undisputed evidence, I find that the complaint is well founded. Having regard as what is just and equitable in circumstances, where Mr Foley has undertaken to provide a contract of employment to include a statement of terms, to Mr McCarthy by close of business on Friday, 15 November 2024, I am making no further orders. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00065793-001 I order Mr Foley to provide a contract of employment to Mr McCarthy by closes of business on Friday, 15 November 2024. CA-00065793-004 The complaint was withdrawn. CA-00065793-005 I order Mr Foley to provide a written statement of his terms to Mr McCarthy by closes of business on Friday, 15 November 2024. |
Dated: 15TH November 2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Terms of Employment |