TED2116

1. Appeal Of Adjudication Officer Decision No: ADJ-00021196

BACKGROUND:

2. The Complainant made an appeal against an Adjudication Officer's Decision: ADJ-00021196 under the Terms of Employment (Information) Act 1994. A Labour Court hearing took place on the 7th July 2021.The following is the Court's Determination:





DETERMINATION :

This is an appeal by Camphill Communities of Ireland against an Adjudication Officer’s Decision ADJ-00021196 given under the Terms of Employment (Information) Act 1994 (the Act) in a claim by Elke Williams that she did not received written terms and conditions of employment. The Adjudication Officer found that the claim was well founded and awarded compensation of €1,000.

In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Elke Williams is referred to as the Complainant and Camphill Communities of Ireland are referred to as the Respondent. This complaint is linked to complaint UD/20/108 where the Court has determined that the Complainant was employed under a contract of employment and therefore is covered by the requirements of the Act.

BACKGROUND:

The Complainant joined the Respondent, a registered charity, in September 1994 and performed a variety of roles within the organisation. The nature of the Respondent’s organisation is that they provide support on a residential and non- residential basis to those with intellectual disabilities and other needs in a community setting. The Complainant’s role within the community was as a Long- Term Co-Worker (LTCW). The Complainant with her family lived within the community and their accommodation and reasonable needs were met by the community. The Complainant’s husband was also taken on as a LTCW. The ethos of the organisation is that the relationship to the community is based on mutual trust, a shared vision and inner commitment to the principles values and aims of the community. It is the Respondent’s position that the Complainant was an LTWC and not an employee and therefore not covered by the Act.

DISCUSSION:

The Court has already determined in UD/20/108 that the Complainant was an employee and that her employment terminated on the 31^st December 2018. The Court notes that it is not in dispute that she did not receive a statement of her terms and conditions of employment as required by the Act . The Court therefore determines that there was a breach of the Act.

DETERMINATION:

The Court having carefully read the submissions and listened to the oral submissions on the day determines that compensation in the amount of €1,000 as recommended by the Adjudication Officer should be paid to the Complainant. The appeal fails. The Decision of the Adjudication Officer is upheld.

The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
SL	______________________
7 September 2021	Deputy Chairman