Complainant

Respondent

Parties

Niamh  Murray

National Vehicle Distribution

Complainant

Respondent

Anonymised Parties

{text}

{text}

Representatives

 Self-represented

Alison Fynes instructed by Síobhra Rush, Lewis Silken Ireland

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-00057289-005

21/06/2023

Complaint for adjudication by the Workplace Relations Commission under section 85C of the Employment Equality Act

CA-00057289-006

21/06/2023

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant gave her evidence and was cross examined under affirmation. Three witnesses for the respondent gave their evidence under affirmation and although the complainant was offered the opportunity to cross examine the witnesses, she chose not to do so.

The complainant submitted that she did not receive the terms and conditions of her employment in writing. Furthermore, she submitted that when she got a promotion she was not provided with updated terms and conditions of employment to reflect a new role.

The complainant submitted that her employer did not submit returns on the gender pay gap as it was required to do.

The complainant’s evidence was that she was not able to save or print off her documentation and accordingly was not provided with the documentation.

She stated that she was promoted in June 2022 but that she never received terms and conditions regarding this promotion.  She stated that she had no documentary proof of the promotion.

The respondent admitted that it did not submit returns on the gender pay gap as it was required to do so under the legislation. It submitted that it has not done so yet but it's making effort to do so.

The respondent submitted that the complainant was provided with her terms and conditions of employment in writing via DocuSign.  The respondent submitted that using this software enable an employee to sign the document and upon signature a link was sent to the complainant to download or print off the document.

The respondent denied that the complainant was promoted, noting that she was progressing through the training required for a planner at that level and that the annual pay increase was related to her employment rather than with any promotion.

Witness #1 - The first witness was the Chief Operations Officer for the respondent she noted that at no point did the complainant raise a bullying and harassment complaint with her along the lines outlined in the complaint for. She noted that employees were expected to be on a line of progression and ultimately a planner was expected to become a senior planner but only after they had trained to deal with planning in Ireland and then training for planning in the UK. She confirmed that she was not aware of any promotion for the complainant.  There was no cross examination of the witness.

Witness #2 - The second witness what's the Chief People Officer for the respondent. She outlined the standard method used for issuing contracts was to upload a DocuSign document which was sent to a new employee for signature. This document would then be signed electronically and once this is done it is automatically returned to the company and a link to the completed document is sent to the individual at the same time. From that link the individual can print off or save the contract of employment. The witness noted that she had no recollection of the complainant raising a lack of contract with her at any stage. She also noted that she had no recollection of the complainant seeking any updated contract whatsoever. There was no cross examination of this witness.

Witness #3 - The third witness was the Planning Manager. She recollected the meeting of 21 March which took place in an office but was partly remote. She said there was no mention of a contract at that meeting. She noted that she was involved in the final probation meeting with the complainant and thereafter the complainant was granted a pay increase on foot of satisfactorily completing probation. There was no cross examination of this witness.

CA-00057289-005 Terms of Employment (Information) Act

The complainant submitted that she was not provided with a written terms and conditions of her employment as provided for in the legislation. The respondent submitted that this was provided to the complainant via DocuSign. This was confirmed by the complainant who indicated that the signed her contract of employment digitally. I am satisfied that DocuSign documents are usually accompanied by a confirmation e-mail once a digital signature has been inserted into the document and that's the confirmation e-mail enables a person to save or otherwise print out their signed document.  I am not satisfied that the complainant has established that the Act was breached in relation to this matter.

On the issue of whether the complainant was provided with updated terms and conditions upon promotion, I am not satisfied that the complainant has established that she was promoted and accordingly has not established any entitlement under legislation to be provided with updated terms and conditions.

Accordingly, I find that this complaint is not well founded.

CA-00057289-006 Gender Pay Gap Reporting

The respondent conceded that it had not made the appropriate returns under the gender pay gap regulations. In the circumstances I am satisfied that the complaint made by the complainant is well founded.

CA-00057289-005 Terms of Employment (Information) Act

Having regard to all the written and oral evidence presented in relation to this compliant, my decision is that the complaint is not well founded.

CA-00057289-006 Gender Pay Gap Reporting

Having regard to all the written and oral evidence presented in relation to this compliant, my decision is that this complaint is well founded, and I hereby direct the respondent to comply with the provisions of the Employment Equality Act 1998 (Section20A) (Gender Pay Gap Information) Regulations 2022.

Terms of Employment Information – complaint not well founded – Gender Pay Gap – complaint well founded – direction to comply with regulations