ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00055244

Parties:

Complaints:

Date of Adjudication Hearing:  06/02/2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.        The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings. The parties were advised at the outset that following the delivery of a judgement of the Supreme Court in Zalewski v Adjudication Officer on 06/04/2021 that hearings before the Workplace Relations Commission are now held in public.  Both parties were advised that an Adjudication Officer may take evidence on oath or affirmation.

Background:

The Complainant submitted a number of complaints under the Terms of Employment (Information) Act, the Organisation of Working Time Act, the Payment of Wages Act and the Minimum Notice & Terms of Employment Act.

Summary of Complainant’s Case:

The Complainant gave evidence on affirmation.  He stated that he was employed by the Respondent to assist in getting paperwork in order, organising contracts and getting tax compliance certificates from Revenue.  He stated that he was successful in getting a tax rebate for the Respondent.  He stated that the Respondent was a difficult individual to work for and that his employment was ended when he was told to hand back his computer and any documents he held.  He stated that he had some difficulties getting paid on time, that he never received a written contract of employment and was not paid holiday pay.  He received no notice or payment in lieu of notice.

Summary of Respondent’s Case:

The Respondent gave evidence on affirmation.   He stated that the Complainant was hired to sort out the paperwork for the company and to sort out contracts.  He stated that he was not entirely happy with the Complainant’s performance and he did not do his job to the extent that he expected.  The final straw was when he broke confidentiality and discussed the Respondent’s personal business with a client.  As far as he was concerned, GDPR was breached and when the employment ended, the Respondent was locked out of his email.  He agreed that he did not give the Complainant a written contract.  He stated that the Complainant did take paid holidays.  He remembers the Complainant going on holiday to France and going away to a holiday home.

Findings and Conclusions:

CA-00067299-001           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,

……..

Section 3(1A) of the Act requires that:

“Without prejudice to subsection (1), an employer shall, not later than 5 days 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 2014);

(c) 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;

(d) [the remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the employee is entitled and the pay reference period for the purposes of the National Minimum Wage Act 2000;]

(e) the number of hours which the employer reasonably expects the employee to work—

(i) per normal working day, and

(ii) per normal working week,

…..

Based on the evidence of the Respondent, I find that Respondent breached the provisions of section 3 (1) and 3(1A) of the Act in relation to the Complainant.

It is common case that the Complainant was not provided with written terms of employment.   I note that the Complainant was hired to ‘sort out paperwork’ and in that regard he may have borne some responsibility for not having a written contract.  However, the Employer is obliged to provide each employee with written terms.   I find the complaint to be well founded.

CA-00067299-002           Organisation of Working Time Act 1997

Section 19 (1) of the 1997 Act provides that  

… an employee shall be entitled to paid annual leave (in this Act referred to as “ annual leave”) equal to—

( a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment)”.

In this instant case, there was a conflict of evidence in relation to paid annual leave.    I find on balance of probabilities the Complainant was entitled to 2 weeks holiday.  I find the complaint to be well founded.

CA-00067299-004           Payment of Wages Act 1991

The Complainant seeks one week’s pay in lieu of minimum notice.  It is common case that his employment was ended without notice.   

Section 4 of the Minimum Notice and Terms of Employment Act 1973 provides for minimum periods of notice an employer is obliged to give in order to terminate the contract of employment of an employee who has been in continuous service for a period of thirteen weeks or more as follows:

(2) the minimum notice to be given by an employer to terminate the contract of employment of his employee shall be –

(a) if the employee has been in the continuous service of his employer for less than two years, one week…

I find the complaint to be well founded.

CA-00067299-006           Minimum Notice & Terms of Employment Act 1973

Section 4 of the Minimum Notice and Terms of Employment Act 1973 provides for minimum periods of notice an employer is obliged to give in order to terminate the contract of employment of an employee who has been in continuous service for a period of thirteen weeks or more as follows:

(2) the minimum notice to be given by an employer to terminate the contract of employment of his employee shall be –

(a) if the employee has been in the continuous service of his employer for less than two years, one week…

I find the complaint to be well founded.  As monetary compensation has been awarded under CA-00067299-004 no further award is made.

CA-00067299-007           Minimum Notice & Terms of Employment Act 1973

This is a duplicate of CA-00067299-006 and no further award is made.

CA-00067299-008           Terms of Employment (Information) Act 1994

As found in CA-00067299-001, the complaint is well founded and no further award is made.

CA-00067299-009           Terms of Employment (Information) Act 1994

As found in CA-00067299-001, the complaint is well founded and no further award is made.

CA-00067299-010           European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012.

The Complainant is not a person performing mobile road transport activities.  This complaint is misconceived, and I find it not well founded.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00067299-001           Terms of Employment (Information) Act 1994

Based on the reasons above, I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €1,199.32 compensation.

CA-00067299-002           Organisation of Working Time Act 1997

Based on the reasons above, I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €2,398.64.

CA-00067299-004           Payment of Wages Act 1991

Based on the reasons above, I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €1,199.32.

CA-00067299-006           Minimum Notice & Terms of Employment Act 1973

I have decided that the complaint is well founded.  As monetary compensation has been awarded under CA-00067299-004 and no further award is made.

CA-00067299-007           Minimum Notice & Terms of Employment Act 1973

I have decided that the complaint is well founded.  As monetary compensation has been awarded under CA-00067299-004 and no further award is made.  This is a duplicate of ADJ-00067299-006.

CA-00067299-008           Terms of Employment (Information) Act 1994

As decided in CA-00067299-001, I have decided that the complaint is well founded and no further award is made.

CA-00067299-009           Terms of Employment (Information) Act 1994

As decided in CA-00067299-001, I have decided that the complaint is well founded and no further award is made.

CA-00067299-010           European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012.

For the reasons above, this complaint is misconceived and I have decided that it is not well founded.

Dated:   21st March 2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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