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TED227

FULL RECOMMENDATION

TE/20/21

ADJ-00021170 CA-00027813-004, CA-00027814-004

DETERMINATION  NO.  TED227

SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014
PARTIES :
FRS BUSINESS SERVICES T/A TURAS NUA
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

MS MARTHA MULLARNEY
DIVISION :

Chairman: Mr Geraghty
Employer Member: Ms Doyle
Worker Member: Ms Treacy

SUBJECT:

1. Appeal Of Adjudication Officer Decision No. ADJ-00021170 CA-00027813-004, CA-00027814-004

BACKGROUND:

2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 28 January 2020 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place on 10 February 2022 . the following is the Decision of the Court:

DETERMINATION :

Background

Ms. Mullarney, ‘the Complainant’, lodged a complaint against her former employer, Turas Nua, ‘the Respondent’, under the Terms of Employment, (Information) Act, 1994.

An Adjudication Officer of the Workplace Relations Commission decided that the complaint was not well founded. The Complainant appealed that Decision to this Court.

Preliminary Issue

It was put to the Complainant by the Court that her complaint under this Act appeared to be related to her belief that the contract given to her did not reflect what she understood to be the terms agreed and that her complaint did not, therefore, refer to any alleged breach of the Terms of Employment (Information) Act, 1994, itself.

The Complainant accepted that she did not have a valid complaint under the Act.

Determination

The Decision of the Adjudication Officer is upheld.

Signed on behalf of the Labour Court
Tom Geraghty
CN ______________________
07 March 2022 Deputy Chairman


NOTE

Enquiries concerning this Determination should be addressed to Cathal Nurney, Court Secretary.