TED258

TE/24/61

DECISION  NO.  TED258

PARTIES:

DIVISION:

Chairman:	Ms Connolly
Employer Member:	Mr Marie
Worker Member:	Mr Bell

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00045471 (CA-00057066-002)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on the 28 June 2024 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2012.  A Labour Court hearing took place on the 29 April 2025.  The following is the Decision of the Court.

DECISION:

The matter before the Court is an appeal by Shane Guilfoyle of an Adjudication Officer decision CA-00057066-002) in a complaint made by him against Anglo Irish Refrigeration, under the Terms of Employment (Information) Act, 1994 (“the Act”).

The Adjudication Officer held that the complaint was not well founded.

A hearing of the Labour Court was held in Cork on 29 April 2025.

The parties are referred to in this Decision as they were at first instance. Hence, Shane Guilfoyle is referred to as “the Complainant” and Anglo Irish Refrigeration is referred to as “the Respondent”.

Summary position of the Complainant

The Complainant submits that the Respondent has contravened the Act as he was not provided with a statement of his terms and conditions of employment.

The Complainant challenges the authenticity of a document produced by the Respondent that appears to be a statement of his terms and conditions of employment bearing his signature. While he accepts the signature on the document appears to be his signature, he disputes ever signing that document. Furthermore, the document is a copy and not an original. The Complainant submits that he is willing to reconsider his position if the Respondent can provide an original document bearing his signature.

Summary position of the Respondent

The Respondent submits that no breach of the 1994 Act has occurred.

The Respondent’s position is that the Complainant commenced employment on 23 January 2020 and was given a statement of his main terms and conditions of employment on 24 February 2020. That document was signed by both parties. A copy of that document was held on the Complainant’s records. A further example of the Complainant’s signature is provided, which was signed by the Complainant on another document at a later date. 

Deliberations

The Terms of Employment (Information) Act provides that an employer shall, not later than one month after the commencement of an employee’s employment, give or cause to be given to an employee a statement in writing containing particulars of his or her terms of employment.

In this case, the Complainant submits that he did not receive a statement of his terms of employment as required under the Act. The Respondent disputes that assertion.

A copy of a statement of terms and conditions of employment purportedly signed by the Complainant on 24 February 2020 was opened to the Court. The Complainant’s position is that the document submitted to the Court lacks authenticity as it is a copy, and the Respondent has failed to provide an original document. The Complainant accepts that the signature on the document mirrors his own signature.

The Court was faced with a conflict of evidence about the authenticity of the document submitted by the Respondent. The Complainant was given the opportunity to proffer witness testimony to support his assertion that he never signed the document submitted to the Court. No witness testimony was proffered to the Court.

In circumstances, where the Complainant in his submission stated that he was willing to change his position if an original signed document could be produced by the Respondent, and where the Complainant declined to proffer any witness testimony to support his assertion that he never signed the purported statement of employment, the Court is inclined to prefer the submission of the Respondent and, on balance, finds that the Complainant was provided with a statement of his terms and condition as required by the Act.

Decision

The Court determines that the Complainant was provided with a statement of his terms and condition as required by the Act.

The complaint is not well founded.

The Appeal is rejected, and the decision of the Adjudication Officer is upheld.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
AR	______________________
22 May 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Mr Aidan Ralph, Court Secretary.