Complainant

Respondent

Parties

Nicole  Doyle

Astronomy Ireland

Complainant

Respondent

Anonymised Parties

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Representatives

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-00058257-001

12/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00058257-002

12/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00058257-004

12/08/2023

The Complainant commenced employment with the Respondent on 18 July 2022 as an administrator. She worked 37 hours per week and was paid €538.47 per week. Her employment ended on 13 February 2023.

The Complainant submits that she did not receive a contract of employment until five months into her employment. She asked for a contract on numerous occasions in person and via email.  She was given various reasons why a contract could not be provided.

The Complainant gave evidence on affirmation at the hearing. She stated that she did get a contract in mid-January 2023, but she did not think it covered the full requirements of the Act.

The Respondent did not attend the hearing.

Section 3(1) of the Terms of Employment (Information) Act, 1994 (the Act) requires that:

“An employer shall, not later than 1 month 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, that is to say—

(fa) a reference to any registered employment agreement or employment regulation order which applies to the employee and confirmation of where the employee may obtain a copy of such agreement or order,

(ga) that the employee may, under section 23 of the National Minimum Wage Act 2000, request from the employer a written statement of the employee's average hourly rate of pay for any pay reference period as provided in that section,]

(h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,

(j) any terms or conditions relating to paid leave (other than paid sick leave),

(k) any terms or conditions relating to—

(i) incapacity for work due to sickness or injury and paid sick leave, and

(ii) pensions and pension schemes,

(l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee's contract of employment) to determine the employee's contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,

(m) a reference to any collective agreements which directly affect the terms and conditions of the employee's employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made,

(n) the training entitlement, if any, provided by the employer,

(o) in the case of a temporary contract of employment, the identity of the user undertakings (within the meaning of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 [OJ No. L 327, 5.12.2008 p.9] on temporary agency work), when and as soon as known, and

(p) if the work pattern of an employee is entirely or mostly unpredictable, the statement shall inform the employee of—

(i) the principle that the work schedule is variable, the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours,

(ii) the reference hours and days within which the employee may be required to work, and

(iii) the minimum notice period to which the employee is entitled to before the start of a work assignment and, where applicable, the deadline for notification in accordance with section 17 of the Organisation of Working Time Act 1997, and

(q) where it is the responsibility of the employer, the identity of the social security institutions receiving the social insurance contributions attached to the contract of employment and any protection relating to social security provided by the employer.

The burden of proof under section 3(1) of the Act lies with the Respondent.  The Respondent did not attend the hearing.  Accordingly, I find that Respondent breached the provisions of section 3(1) of the Act in relation to the Complainant.

In accordance with my powers under section 7 of the Terms of Employment (Information) Act 1994, I declare that the Respondent has contravened section 3 of the Act and that the complaint is well founded. I order the Respondent to pay to the Complainant compensation in the amount of €1,076.94 being the equivalent of two weeks’ pay.

The Complainant submits that she did not receive a statement of her core terms in writing under the 1994 Act.

The facts relating to this complaint are the same as summarised in CA 001 above.

The Respondent did not attend the hearing.

Section 3(1A) of the Act requires that:

“Without prejudice to subsection (1), an employer shall, not later than 5 days 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, that is to say:

(a) the full names of the employer and the employee;

(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act 2014);

(c) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires;

(d) [the remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the employee is entitled and the pay reference period for the purposes of the National Minimum Wage Act 2000;]

(e) the number of hours which the employer reasonably expects the employee to work—

(i) per normal working day, and

(ii) per normal working week,

(f) where sections 4B to 4E (in so far as they are in operation) of the Payment of Wages Act 1991 apply to the employer, the employer's policy on the manner in which tips or gratuities and mandatory charges (within the meaning of section 1 of that Act) are treated,

(g) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is employed at various places or is free to determine his or her place of work or to work at various places;

(h) either—

(i) the title, grade, nature or category of work for which the employee is employed, or

(ii) a brief specification or description of the work;

(i) the date of commencement of the employee's contract of employment;

(j) any terms or conditions relating to hours of work (including overtime);

(k) where a probationary period applies, its duration and conditions.

Based on the evidence of the Complainant, I find that Respondent breached the provisions of section 3(1A) of the Act in relation to the Complainant.

In accordance with my powers under section 7 of the Terms of Employment (Information) Act 1994, I declare that the Respondent has contravened section 3 of the Act and that the complaint is well founded. I order the Respondent to pay to the Complainant compensation in the amount of €538.47 being the equivalent of one weeks’ pay.

The Complainant submits that she was not notified in writing of a change to her terms of employment.   She was not notified in writing to a change of her terms of employment as her role was diminished and her duties changed on a regular basis.  She was informed verbally of a probationary period a number of weeks into her employment.  The Complainant requested this in writing, but she never received a written confirmation.

AT the hearing the Complainant stated that after a couple of months her start she was asked to become a PA.  Her role changed constantly; she was involved in financial matters and she was told she was the “renewals officer.” The Complainant says she never received anything in writing from the Respondent about these changes despite looking for confirmation in writing.

The Complainant stated that she looked for everything to be put in writing, but it never happened.

The Respondent did not attend the hearing.

Notification of changes.

Section 5 of the Act requires:

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.

Based on the evidence of the Complainant, I find that Respondent breached the provisions of section 5 of the Act in relation to the Complainant.

In accordance with my powers under section 7 of the Terms of Employment (Information) Act 1994, I declare that the Respondent has contravened section 5 of the Act and that the complaint is well founded. I order the Respondent to pay to the Complainant compensation in the amount of €538.47 being the equivalent of one weeks’ pay.

Contract of employment, terms of employment