ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048040
Parties:
| Complainant | Respondent |
Parties | Malgorzata Sutor | Apleona Limited Apleona |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | Jacek Krawczyk JK Advisers | The respondent did not attend and was not represented at the hearing |
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-00059186-001 | 03/10/2023 |
Date of Adjudication Hearing: 11/03/2024
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 7 of the Terms of Employment (Information) Act, 1994 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The claimant was employed as a cleaner with the respondent company from the 26th.March 2020 to the 15th.November 2023.In her complaint form she asserted that she was not “ issued with a copy of her terms of employment within the statutory period of 5 days (the core terms) or 60 days (as was then applicable ) with the full terms of employment”. The respondent did not attend and was not represented at the hearing.
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Summary of Complainant’s Case:
The claimant was employed as a cleaner by the respondent company and was delegated to work on the premises of an end user client. Her representative submitted that she was not furnished with a statement of her written terms and conditions of employment and that the respondent was consequently in breach of the Act. The claimant said she had some recollection of signing documents but they were written in English and that she was unaware of what she was signing. In February 2023 she made enquiries with HR about getting a written contract but received no response. In July 2023 , she made an official enquiry via the company’s internal on line system about a contract of employment but received no response. A record of this enquiry was submitted into evidence. She was off on sick leave for a period of 3 weeks but when she returned there was no further response from the company to her request for a contract. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing . |
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 7 of the Terms of Employment (Information) Act 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
On the basis of the uncontested evidence of the claimant , I uphold the complaint and require the respondent to pay the claimant €1,618 compensation for being in breach of the Act. |
Dated: 9th May 2024
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Key Words:
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