ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044064
Parties:
| Complainant | Respondent |
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|
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| Complainant | Respondent |
Anonymised Parties | An Employee | An Employer |
Representatives | Mr. Jacek Krawczyk | Mr. Ciaran White, McGovern Walsh & Co LLP Solicitors |
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-00054488-003 | 13/01/2023 |
Date of Adjudication Hearing: 16/08/2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
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.
Background:
The Complainant commenced employment with the Respondent on 7th July 2018. The Complainant was a permanent, full-time employee, receiving an average weekly payment of €540. At all relevant times the Complainant’s role was described as that of “driver”. The Complainant’s employment ended on 11th August 2022.
On 13th January 2023, the Complainant referred the present complaint to the Commission. Herein, he alleged that he did not receive a statement of terms of employment in contravention of the Act. By response, the Respondent accepted that the Complainant did not receive such a contract and conceded this element of the complaint.
A hearing in relation to this matter was convened for, and finalised on, 16th August 2023. No issues as to my jurisdiction to hear the complaint were raised at any stage of the proceedings. |
Summary of the Complainant’s Case:
The Complainant allege that he did not receive a statement of terms of employment at any stage of his employment. |
Summary of the Respondent’s Case:
The Respondent accepted that the Complainant did not receive a statement of terms of employment in accordance with the Act. |
Findings and Conclusions:
Section 3(1) of the Act (as amended) provides that, “An employer shall, not later than 2 months 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” The Complainant’s application in this regard is simple, he alleges that he received no such statement at any point of his employment. By response, the Respondent candidly accepted the Complainant’s position and effectively conceded the claim. Having regard to the foregoing, I find that the complaint is well-founded and the Complainant’s application succeeds. |
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 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 €2,160, or four week’s remuneration, in compensation. |
Dated: 20th of February 2024
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Terms, Concession |