Complainant

Respondent

Parties

Elizabeth  Campbell

Metron Stores Limited t/a Iceland (in liquidation)  

Representatives

Damien Keogh, Independent Workers Union

 N/A

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-00058547-001

28/08/2023

In May 2020, the Complainant commenced employment in the Respondent’s Ballyfermot branch. On 1 June 2023, the Complainant was appointed Store Manager in the Respondent’s Talbot Street branch for a three-month period. In this role, the Complainant submits that she worked approximately 50 hours per week, earning €32,000 gross per annum or approximately €2,666.67 gross per month.

The Complainant submits that after approximately one month, she was moved from the Respondent’s Talbot Street branch to the Respondent’s Ballyfermot branch, following a telephone call from her Area Manager. She submits that she continued to work as a Store Manager in the Respondent’s Ballyfermot branch, but she was not paid accordingly. The Complainant submits that when she tried to resolve matters, the Respondent informed her in late June 2023, that she did not hold the role of Store Manager. The Complainant’s employment was terminated in August 2023. The Complainant submits that the Respondent failed to notify her in writing of a change to her terms of employment, in breach of the Terms of Employment (Information) Act 1994, as amended. The Complainant is seeking the alleged shortfall in her pay which amounts to €1,884.56.

The Complainant provided uncontested written and oral evidence.

The Complainant submitted that she commenced working in May 2020 in the Respondent’s Ballyfermot branch. The Complainant submitted that issues surrounding pay began to arise around February 2023. The Complainant submitted that in May 2023, she held the role of Trainee Manager, working approximately 39 hours per week and earning approximately €2,038.48 gross per month.

The Complainant submitted that on 24 May 2023, she was issued with a new Contract of Employment for the role of Store Manager in the Respondent’s Talbot Street branch. The same contract outlined that it would operate from 1 June 2023 until 30 August 2023. The contract further outlined that the Complainant would receive a salary of €32,000 gross per annum or approximately €2,666.67 gross per month.

The Complainant submitted that she held this role as Store Manager for approximately one month when she received a call from her Area Manager who told her to send the staff home as the Respondent’s Talbot Street branch was temporarily closing. The Complainant submitted that the Area Manager also told her that she was to return to the Respondent’s Ballyfermot branch as a Store Manager.

The Complainant submitted that she continued to work as a Store Manager in the Respondent’s Ballyfermot branch. She worked approximately 50 hours per week, between 7am and 7.30pm. She submitted that her Store Manager role encompassed: opening and closing the store; completing the rosters; enquiring about staff payments; dealing with clock-ins; and ordering grocery, frozen and chilled stock. The Complainant submitted that she was the only Store Manager in the Respondent’s Ballyfermot branch during this time. The Complainant submitted that she stayed in this role until the end of July 2023, when the Ballyfermot branch was closed and she was laid off. The Complainant submitted that her employment was terminated on 30 August 2023.

The Complainant submitted that despite holding the role of Store Manager, she did not receive the Store Manager salary during this time. Instead, she received her previous salary for a Trainee Manager role. The Complainant submitted that she messaged her Area Manager and the HR Support Team, in order to resolve the situation. The Complainant submitted that in late June 2023, the Respondent’s Support Team informed her that she did not hold the role of Store Manager.

The Complainant submitted that over the course of the three months when she held the role of Store Manager, there was a shortfall in her pay of approximately €1,884.56.

The Complainant submitted that these events were very stressful. She submitted that from the end of June 2023, she was the Store Manager in the Respondent’s Ballyfermot branch. The Complainant submitted that in this capacity, she ran the store on her own and “was fighting” for staff pay, as well as for her own pay. She submitted that she had to seek further monies owed to her since February 2023 and that she had to liaise with Revenue and with the Respondent regarding the same.

There was no attendance by or on behalf of the Respondent.

On 19 December 2023, during the Case Management Conference, the Respondent’s correct name was confirmed and it is reflected in this Decision.

In a letter from the Workplace Relations Commission (the “WRC”) dated 17 April 2024, the Respondent was informed of the details of the Hearing to take place on 11 June 2024. The same letter also set out the procedure regarding postponement requests.

On 11 June 2024, JW Accountants emailed the WRC. They confirmed that Mr. Joseph Walsh was appointed Liquidator of the Company (the “Liquidator”) on 7 September 2023, by Order of Mr. Justice Quinn of the High Court. They further confirmed that as this complaint relates to matters which predate the Liquidator’s appointment, he is not familiar with the background to the complaint and therefore will not be in a position to assist in the Hearing.

In the circumstances, I am satisfied that the Respondent was on notice of the Hearing and has decided not to attend.

The Law:

Section 5 of the Terms of Employment (Information) Act 1994 as amended (the “TE(I)A”), requires that when a term of employment changes an employee should be notified in writing of the change:

“(1) 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, but not later than—

(a) the day on which the change takes effect, or

(b) where the change is consequent on the employee being required to work outside the State for a period of more than 1 month, the time of the employee’s departure.

(2) Subsection (1) does not apply in relation to a change occurring in provisions of statutes or instruments made under statute other than a registered employment agreement or employment regulation order, or of any other laws or of any administrative provisions or collective agreements referred to in the statement given under section 3 or 4.”

Section 7 of the TE(I)A provides that compensation up to a maximum of four weeks’ remuneration may be awarded if a complaint is deemed well founded.

Findings and Conclusion:

The Complainant provided uncontested written and oral evidence.

By way of corroboration, the Complainant provided copies of: the Contract of Employment relating to her appointment as Store Manager, issued on 24 May 2023; her correspondence with the Area Manager and HR Support; and her payslip dated 18 June 2023.

I note that the Complainant was appointed Store Manager for a three-month period, as evidenced by the Contract of Employment issued on 24 May 2023. I also note that, on her uncontested evidence, the Complainant completed the tasks of a Store Manager while located in the Respondent’s Talbot Street branch and subsequently in the Respondent’s Ballyfermot branch. On the evidence adduced, it appears that:

·             The Complainant was promoted to the role of Store Manager for a period from 1 June 2023 until 30 August 2023.

·             At the end of June 2023, the Complainant was moved from the Respondent’s Talbot Street branch to the Respondent’s Ballyfermot branch, without being notified of this change to her contract in writing.

·             Sometime in June 2023, the Complainant was demoted to her previous role of Trainee Manager and was paid her previous salary, without being notified of these changes to her contract in writing. Throughout this time, the Complainant continued to work as a Store Manager.

The Complainant was credible in her uncontested evidence. She provided detail including dates, names and locations. She also provided corroborating documentary evidence as outlined above. I am satisfied that the Complainant has established facts which demonstrate that the Respondent breached section 5 of the TE(I)A. In the circumstances, I find that the complaint is well founded. I order the Respondent to pay the Complainant €1,900 by way of compensation, which is just and equitable having regard to all of the circumstances.

I find that the Respondent breached section 5 of the TE(I)A and that the complaint is well founded. I order the Respondent to pay the Complainant €1,900 by way of compensation.

Terms of Employment (Information) Act 1994.