ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050046
Parties:
| Complainant | Respondent |
Parties | Aidan Hyland | Sam Catering Ltd Sam Catering And Hospitality Service |
Representatives | Self-represented | No attendance |
Complaint:
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-00061380-005 | 03/02/2024 |
Date of Adjudication Hearing: 21/05/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359 of 2020, which designates the WRC as a body empowered to hold remote hearings.
Background:
The complaint is that the Respondent failed to provide the Complainant with written terms of conditions of employment as provided for in the Act.
Summary of Complainant’s Case:
The Complainant worked for the Respondent from 13th December 2023 to 19th January 2024. He was paid €14 per hour. His working hours were generally around 45 – 50 hours per week.
He had a number of other complaints regarding wages, payslips and hours of work.
Summary of Respondent’s Case:
The Respondent was notified of the time, date and platform for the hearing and attempts were made to make contact up to the time of the hearing. The Respondent did not attend.
Findings and Conclusions:
The Complainant has a number of other complaints and it was explained to him that in this instance, the only matter for adjudication is his complaint under the Terms of Employment (Information) Act 1994.
Section 3(1) of the Terms of Employment (Information) Act, 1994 as amended (the Act) requires that:
3(1) An employer shall, not later than 1 month 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, that is to say—
- (a) The full names of the employer and the employee,
- (b) 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 (within the meaning of the Companies Act 1963,
- (c) The place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places,
- (d) The title of the job or nature of the work for which the employee is employed,
- (e) The date of commencement of the employee’s contract of employment,
- (f) In the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires,
(fa)a reference to any registered employment agreement or employment regulation order which applies to the employee and confirmation of where the employee may obtain a copy of such agreement or order,
- (g) The rate or method of calculation of the employee’s remuneration,
(ga) that the employee may, under section 23 of the National Minimum Wage Act 2000, request from the employer a written statement of the employee’s average hourly rate of pay for any reference period as provided in that section,
- (h) The length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,
- (i) Any terms or conditions relating to hours of work (including overtime),
- (j) Any terms or conditions relating to paid leave (other than paid sick leave),
- (k) Any terms or conditions relating to –
- (i) Incapacity for work due to sickness or injury and paid sick leave, and
- (ii) Pensions and pension schemes,
- (l) The period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee’s contract of employment) to determine the employee’s contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,
- (m) A reference to any collective agreements which directly affect the terms and conditions of the employee’s employment including, where the employee is not a party to such agreements, particulars of the bodies or institutions by whom they were made,
- (n) The training entitlement, if any, provided by the employer,
(o) in the case of a temporary contract of employment, the identity of the user undertakings (within the meaning of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 [OJ No. L 327, 5.12.2008 p.9] on temporary agency work), when and as soon as known, and
(p) if the work pattern of an employee is entirely or mostly unpredictable, the statement shall inform the employee of—
(i) the principle that the work schedule is variable, the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours,
(ii) the reference hours and days within which the employee may be required to work, and
(iii) the minimum notice period to which the employee is entitled to before the start of a work assignment and, where applicable, the deadline for notification in accordance with section 17 of the Organisation of Working Time Act 1997, and
(q) where it is the responsibility of the employer, the identity of the social security institutions receiving the social insurance contributions attached to the contract of employment and any protection relating to social security provided by the employer.
The burden of proof under section 3(1) of the Act lies with the Respondent. The Respondent did not attend the hearing. Based on the uncontested evidence of the Complainant, I find that Respondent breached the provisions of section 3(1) of the Act in relation to the Complainant.
I find his complaint to be well founded and under Section 41 of the Workplace Relations Act 2015 and Section 7 (2) (d) of the Terms of Employment (Information) Act 1994, I require the Respondent to pay to the Complainant the sum of €600.
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 have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €600 compensation.
Dated: 14th June 2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Terms of Employment (Information) Act 1994 (as amended). Complaint well founded. |