EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Newbrook Nursing Home Limited, TE146/2013
against the recommendation of the Rights Commissioner in the case of:
Conor Scully,
under
TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr. T. O'Sullivan
Mr. Nulty
heard this appeal at Mullingar on 15 April 2014
Representation:
_______________
Appellant(s):
No legal representation
Respondent(s):
Ms. Marguerite Buckley, Buckley & Co. Solicitors
St. Loman's Terrace, Mullingar, Co. Westmeath
The decision of the Tribunal was as follows:
This case came to the Tribunal as an employer appeal against Rights Commissioner Recommendation r-130220-te-13/JC by which the employee was awarded the sum of €1,100.00 (one thousand on hundred euro) under the Terms of Employment (Information) Acts, 1994 and 2001, because the employer did not give the employee an employment contract until nearly three years after the start of his employment thereby breaching Section 3 of the Terms of Employment (Information) Act, 1994.
PD (the employer’s CEO) sought a reduction in the penalty on the grounds that the award of €1,100.00 (3.26 weeks’ basic pay) was not just and equitable having regard to all of the circumstances in that the employee had been given his contract, unprompted, by the employer albeit not within two months as required by Section 3 of the Terms of Employment (Information) Act, 1994.
The position of the respondent employee was that the Tribunal should uphold the Rights Commissioner Decision to award the employee the sum of €1,100.00 as having been just and equitable in accordance with Section 7 (d) of the 1994 Act. The respondent employee had been a care assistant on the minimum wage working for the respondent since 2009. It was argued that he had been at a disadvantage (due to not receiving his terms and conditions) during the time period set by the legislation for him to receive his terms and conditions.
Determination:
Having considered the position of both sides, the Tribunal determines that it upholds Rights Commissioner Recommendation r-130220-te-13/JC by which the employee was awarded the sum of €1,100.00 (one thousand on hundred euro) under the Terms of Employment (Information) Acts, 1994 and 2001, because the employer did not give the employee an employment contract until nearly three years after the start of his employment thereby breaching Section 3 of the Terms of Employment (Information) Act, 1994.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)