ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051556
Parties:
| Complainant | Respondent |
Parties | Thomas White | Fenton Fires |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | Self-Represented | Self-Represented |
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-00063178-001 | 30/04/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00063178-002 | 30/04/2024 |
Date of Adjudication Hearing: 09/09/2024
Workplace Relations Commission Adjudication Officer: Brian Dolan
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:
The Complainant commenced employment with the Respondent on 28th November 2023. The Complainant was a full-time member of staff. In receipt of an average weekly wage of €600. On 30th April 2024 the Complainant referred the present complaints to the Commission. Herein, he alleged that the Respondent did not issue a written statement of employment in contravention of the impleaded legislation. No response was received from the Complainant’s former employer in relation to this allegation.
A hearing in relation to this matter was convened for, and finalised on, 9th September 2024. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experienced during the hearing.
The Complainant issued an extensive submission in advance of the hearing. While this submission touched on many issues experienced by the Complainant during his employment, the Adjudicator confirmed that the present decision could relate to the redress provisions of the impleaded Acts only. There was no appearance by or on behalf of the Respondent at the hearing as scheduled.
No issues as to my jurisdiction to hear the complaints were raised at any stage of the proceedings. |
Summary of the Complainant’s Case:
By submission, the Complainant stated that he did not receive a statement of terms of employment at any stage of his employment. |
Summary of the Respondent’s Case:
There was no appearance by or on behalf of the Respondent at the hearing as scheduled. Having reviewed the file it is apparent that the Respondent was aware of the time, date and venue of the hearing. In circumstances whereby no application was made to adjourn the hearing in advance, and no explanation for the absence was received following the hearing, the matter proceeded in their absence. |
Findings and Conclusions:
Regarding the present case, the Complainant has raised numerous issues regarding the conditions of his employment. Following an enquiry from the Adjudicator, the Complainant accepted that the present set of complaints related to the non-receipt of his statutory terms only. Regarding this matter, the evidence in clear and uncontested. In this regard it is apparent that the Complainant did not receive any written statement of terms at any stage of his employment. In such circumstances, I find that the complaint is well-founded. |
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.
CA-00063178-001 Complaint under the Terms of Employment (Information) 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 €2,400.00, or four weeks’ remuneration, in compensation. CA-00063178-002 Complaint under the Terms of Employment (Information) Act In circumstances whereby this matter is a duplicate of that listed above, I find that the complaint is not well-founded. |
Dated: 3rd of December 2024
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Contract, Terms, Non-Appearance |