ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043623
Parties:
| Complainant | Respondent |
Parties | Zakia Tizi-Hsan | Mm Packaging Ireland Limited |
Representatives |
| Lisa Moloney IBEC Jackie Defelice HR Ben Nappy MD |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00054250-001 | 21/12/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00054250-002 | 21/12/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00054250-003 | 21/12/2022 |
Date of Adjudication Hearing: 28/08/2023 and 29/07/2024
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention - by an employer - of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 (or such other Act as might be referred to in the 2015 Act), made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing as well as any written submissions disclosed in advance of the hearing.
The Complainant herein has referred a matter for adjudication as provided for under Section 7 of the Terms of Employment (Information) Act, 1994 in circumstances where a Contract of Service has commenced and where the said Employee employed by an Employer is entitled to have been provided (within two months of the commencement of the employee’s employment with the employer) with a Statement of certain Terms of the employment.
The said terms are specified in Section 3 of the 1994 Act and include items such as names, addresses and place of work. There should also be a job title and a description of the nature of the work. The start date and the nature/duration of the Contract should be included in the statement as well as the terms of the remuneration. This statement should be dated and signed with copies retained by both parties.
The Complainant has additionally brought a complaint under the Organisation of Working Time Act, 1997.
In particular under Section 17 :-
17.—(1) If neither the contract of employment of the employee concerned nor any employment regulation order, registered employment agreement or collective agreement that has effect in relation to the employee specifies the normal or regular starting and finishing times of work of an employee, the employee’s employer shall notify the employee, subject to subsection (3), at least 24 hours before the first day or, as the case may be, the day, in each week that he or she proposes to require the employee to work, of the times at which the employee will normally be required to start and finish work on each day, or, as the case may be, the day or days concerned, F14[that week, and the employee’s employer shall ensure the work takes place within predetermined reference hours and days.]
Background:
This matter was initially listed for hearing in Lansdowne House on the 28th of August 2023. Both parties attended and evidence in the form of oral accounts commenced. It was agreed that a second day was needed, and that the Complainant would take the opportunity between hearing dates to provide a more comprehensive submission together with relevant documents and information on a timeline. The Complainant agreed that this would be done within four weeks of the 28th of August 2023. Nothing further has been heard from the Complainant and eventually it was determined that this matter needed to be relisted for hearing to either progress the matter or bring some finality. |
Summary of Complainant’s Case:
The Complainant was not represented on the first day and the Complainant did not attend at the re scheduled hearing. I am satisfied that the Complainant was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 4th of June 2024 - and emailed to the email address provided by the Complainant on the workplace relations complaint form. The Complainant had specifically agreed to communication by electronic means when filling out his complaint form. From the Complaint form provided, I have discerned that the Complainant contends that the Employer has contravened the Organisation of Working Time Act, 1997 and the Terms of Employment (Information) Act, 1994. |
Summary of Respondent’s Case:
The Respondent had representation on both days. Witnesses for the Respondent included a HR Manager and the Managing Director. The Respondent provided me with a written submissions dated the 21st of June 2023. The Respondent rejects that there has been contravention of employment Statues and does not accept any contravention of Employment Rights as protected by statute. Where I deemed it necessary, I made and would have made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute. |
Findings and Conclusions:
The Complainant did not attend on the resumed hearing date and did not provided the submission/timeline as requested. I did not hear the evidence of the Complainant such that I could draw any conclusions. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00054250-001 - Complaint not well founded as no evidence was tendered Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00054250-002 - Complaint not well founded as no evidence was tendered Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00054250-003 - Complaint not well founded as no evidence was tendered |
Dated: 02-12-2024
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
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