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FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : FTP RECRUITMENT LIMITED T/A CLARITY LOCUMS
- AND - JOHN MADDEN DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. An appeal of an Adjudication Officer's Decision No(s) ADJ-00022038 CA-00028788-006
BACKGROUND:
2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 26 November 2019 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place on 7 February 2020. The following is the Decision of the Court:-
DETERMINATION :
This is an appeal by Mr John Madden against Decision number ADJ-00022038, CA-00028788-006 of an Adjudication Officer in a complaint under the Terms of Employment (Information) Act 1994, (“the Act”) against his former employer FTP Recruitment t/a Clarity Locums Limited.
For ease of reference the parties are given the same designations as they had at first instance. Hence Mr John Madden will be referred to as “the Complainant” and FTP Recruitment t/a Clarity Locums Limited will be referred to as “the Respondent”.
The Complainant referred his claim to the Workplace Relations Commission on 31st May 2019. The Adjudication Officer hearing took place on 6th October 2019, and his Decision was issued on 16th October 2019. The Complainant appealed the Decision on 26th November 2019.
Background
The Respondent is an employment agency licenced in accordance with the provision of the Employment Agency Act 1971. The Complainant is a pharmacist registered with Pharmaceutical Society of Ireland. It is not disputed that the Complainant was an employee of the Respondent. He worked as a Locum Pharmacist for the Respondent in various pharmacy clients.
The Claim
The Complainant claimed that the Respondent was in breach of the Act as he was not provided with written terms and conditions of employment in breach of Section 3.
The Respondent accepted that the Complainant did not receive a statement within the prescribed statutory period. It submitted that the Complainant had suffered no loss as a consequence.
Determination
The Court finds that the Complainant’s complaint is well-founded. The Court orders the Respondent to pay the Complainant the sum of €500.00 in compensation of the breach of the Act.
The Decision of the Adjudication Officer Commissioner is set aside and substituted with the terms of this Determination
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
DC ______________________
12 February 2020 Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David Campbell, Court Secretary.