TED2429

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00002285 (CA-00003039-016)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on the 5 October 2018 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2014.  A Labour Court hearing took place on the 6 November 2024. 

The following is the Decision of the Court.

DECISION:

Background to the Appeal

This is an appeal by Mr Robert Pirsch (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-0002285/CA-0003039-005, dated 4 September 2018) under the Terms of Employment (Information) Act 1994 (‘the Act’). Notice of Appeal was received in the Court on 5 October 2018. The Court heard the within appeal, along with seven related appeals on several dates over the course of 2024 with the final hearing date occurring on 6 November 2024. The related appeals bear the following reference numbers: PW/18/60; WTC/24/61; WTC/24/62; TE/24/62; TE/24/63; TE/24/64 and TE/24/65.

The Complainant gave sworn evidence to the Court as did two witnesses called on behalf of Ryanair Designated Activity Company (‘the Respondent’). Only the evidence relevant to the within appeal is recited in this decision.

The Factual Background

The Complainant was employed by the Respondent as a Ground Handling Agent with effect from 8 November 2008 and was based at Dublin Airport. He signed a contract of employment on 6 November 2008 and that contract was countersigned on behalf of the Respondent on 12 November 2008. The written contact states that the address of the Respondent’s Corporate Head Office is at ‘Dublin Airport, County Dublin, Ireland’.

The Complainant commenced a period of long-term sick leave in mid-August 2015. The Complainant’s salary was €2,945.51 gross per month.

The Complaint

The Complainant submits that he encountered difficulties submitting medical certificates by post when he went on sick leave as he had been unaware at that time that the Respondent’s Head Office address had changed. It is submitted on behalf of the Respondent that Ground Handling staff had been notified of the change of address by means of notices posted in their break room.

Mr Ray Keegan, Assistant Ramp Co-ordinator told the Court in evidence that he had been aware of the change of address that took place in January 2014 but did not recall seeing any notices to that effect.

The Law

The Act requires an employer to include the following information, inter alia, in the written statement of terms to be issued to an employee at the commencement of their employment: “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’. This requirement was provided for in section 3(1)(b) of the Act as enacted; it is currently found in section 3(1A)(b) of the Act. It is common case that the Respondent fulfilled its obligation in this regard when it issued the Complainant with his written contract of employment in November 2008.

Section 5(1) of the Act provides:

“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 …”.

The Complainant alleges that the Respondent did not comply with the requirements of section 5(1) in respect of the change of address of its corporate Head Office that occurred in 2014.

Discussion and Decision

The Court finds that the Respondent has not adduced any evidence that rebuts the within complaint. Its witness, Mr Keegan, had no recollection of seeing a notice on the notice board informing employees of the change of address. Even if he had given credible and convincing evidence that he had seen such a notice, that would not have grounded a defence to the complaint as the Act unequivocally, in section 5(1), requires an employer to ‘notify the employee in writing’ … ‘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’. An employer’s obligations under section 5 of the Act cannot be met by simply placing a notice on a noticeboard.

The Court, therefore, finds that the within complaint is well-founded and awards the Complainant compensation of €800.00.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
ÁM	______________________
29th November 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Áine Maunsell, Court Secretary.