TED259

TE/24/86

DECISION  NO.  TED259

PARTIES:

DIVISION:

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

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00051187 (CA-00062780-003)

BACKGROUND:

The Employer appealed the Decision of the Adjudication Officer to the Labour Court on the 11 September 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 1 May 2025.  The following is the Decision of the Court.

DECISION:

The matter before the Court is an appeal by Golden Sun Tanning Limited of an Adjudication Officer (Decision ADJ-00051187, CA-0062780-003 dated 9 August 2024) in a complaint made by Monta Gedrovica-Arshad under the Terms of Employment (Information) Act, 1994 (“the Act”).

Golden Sun Tanning Limited did not attend the hearing at first instance and the Adjudication Officer held that the complaint was well founded.

The parties are referred to in this Decision as they were at first instance. Hence, Monta Gedrovica-Arshad is referred to as “the Complainant” and Golden Sun Tanning Limited is referred to as “the Respondent”. 

A hearing of the Labour Court was held in Cork on 29 April 2025. The Court heard sworn testimony from the Complainant and from Indra Jegere on behalf of the Respondent.

Summary position of the Complainant

The Complainant submits that her employer did not provide her with a statement of her terms of employment, as required under the Act.

The Complainant’s evidence to the Court was that despite repeated requests to be provided with a statement, her employer refused to give her such a statement. Instead, her employer sent her a screenshot of a document purporting to be a contract signed by the Complainant. The signature on the screenshot was not the Complainant’s signature. As her employer refused to give her a statement of her terms of employment, she was left with no option but to submit her complaint under the Act to the WRC. 

Summary position of the Respondent

The Respondent submits that no breach of the Act occurred. Indra Jegere, on behalf of the Respondent company, gave evidence that the Complainant was given a contract of employment with her terms and conditions of employment on commencing employment in 2019. The document was signed by both parties.

In 2023 the company was subject to an inspection by the Workplace Relations Commission. Physical copies of all employee contracts were made available to the WRC inspector. No ongoing issues were identified, as reflected on in the WRC report.

In 2024, when the Complainant requested a copy of her contract of employment, it could not be located. The Complainant’s contract was the only contract missing from the company files.

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 Court was faced with a conflict of evidence, with the Complainant submitting that she was not provided with a statement of her terms of employment. While the employer disputed that assertion, it accepted that the Complainant’s contract of employment could not be located in the company files.

The employer further accepted that it refused to provide the Complainant with a statement of terms of employment when the Complainant on multiple occasion sought such a document. The employer gave no reasonable explanation to the Court for refusing such request.

Having considered the submissions made the Court, on balance, preferred the testimony of the Complainant. Accordingly, the Court finds that the Respondent contravened the Act by not providing the Complainant with a statement of her terms and condition.

The Court determines that the appropriate compensation for a breach of the Complainant’s rights is two weeks’ pay (€680)

Decision

The Court determines that the Complainant was not provided with a statement of terms and condition as required by the Act. The Court directs the Respondent to pay the Complainant two weeks’ pay (€680) in compensation.

The complaint is well founded. The decision of the Adjudication Officer is affirmed.

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.