ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055545
Parties:
| Complainant | Respondent |
Parties | Jake Branagan | Christopher Jackson (Kiltegan) Ltd |
Representatives | Self-represented | Brian M. Matthews Millet & Matthews Solicitors |
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-00067706-002 | 27/11/2024 |
Date of Adjudication Hearing: 04/03/2025
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and section 7 of the Terms of Employment (Information) Act 1994, following 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. 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.
Background:
The complaint, received on 27/11/2024 is that the Respondent failed to provide the Complainant with written terms of employment as provided for in the Act
Summary of Complainant’s Case:
The Complainant was employed as a General Operative from 8 July 2024 to 6 September 2024.
He earned €532 gross for a 40 hour week. He submits that he did not receive a written contract.
Summary of Respondent’s Case:
The Respondent does not deny the claim.
Findings and Conclusions:
The Terms of Employment (Information) Act 1994 as amended provides in Section 3:
- (1) An employer shall, not later than one 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 employee’s employment…
Based on the uncontested claim, I find the complaint to be well founded. I require the Respondent to pay to the Complainant the sum of €532 compensation.
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.
Section 7 of the Terms of Employment (Information) Act requires that I make a decision in relation to redress provided under that section of the Act.
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 €532 compensation.
Dated: 14th March 2025
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Terms of Employment (Information) Act 1994. Uncontested. Complaint well founded. |