ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052574
Parties:
| Complainant | Respondent |
Parties | Richard Mattey | Prospect Park Limited |
Representatives |
| Glenn Cooper Dundon Callanan Solicitors |
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-00064240-004 | 21/06/2024 |
Date of Adjudication Hearing: 08/07/2024
Workplace Relations Commission Adjudication Officer: Orla Jones
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.
At the adjudication hearing, the parties were advised that, in accordance with the Workplace Relations (Miscellaneous Provisions) Act 2021, hearings before the Workplace Relations Commission are held in public and, in most cases, decisions are no longer anonymised. The parties are named in the heading of the decision.
The parties were also advised that the Workplace Relations (Miscellaneous Provisions) Act 2021 grants Adjudication Officers the power to administer an oath or affirmation. All participants who gave evidence were sworn in. Both parties were offered the opportunity to cross-examine the evidence.
At the outset of the hearing the respondent pointed out that the correct name of the business entity is Prospect Park Limited. The respondent was happy to have the name of the entity corrected in this Decision.
Background:
The Complainant submits that he was a Bar manager employed by the respondent for 3 years.
He submitted the within claim under section 7 of the Terms of Employment (Information) Act, 1994 on 21st of June 2024 as well as two other claims which have since been withdrawn.
The complainant also lodged a separate claim under the Unfair Dismissals Act on 18th of May 2024. A separate decision has issued in respect of the related claim referenced ADJ-00051791
All matters were dealt with at the hearing on 8th of July 2024.
Post hearing documentation was requested from the parties and final information in this regard was received on 2nd of September 2024.
|
Summary of Complainant’s Case:
The complainant submits that he worked for the respondent from 5th of July 2021 to 5th of May 2024. The complainant submits that he received no contract or terms of employment from the respondent. |
Summary of Respondent’s Case:
The respondent accepts that it did not furnish the Complainant with a contract or written terms contrary to the Act. |
Findings and Conclusions:
The respondent at the hearing conceded that a contract or statement of terms of employment did not issue to the complainant as prescribed under the Act. Accordingly, I am satisfied that the complaint is well-founded, and I order the respondent to pay the complainant compensation of €1,250 in respect of this breach. |
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.
I am satisfied that the complaint is well-founded, and I order the respondent to pay the complainant compensation of €1,250 in respect of this breach. |
Dated: 02-12-2024
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words:
|