EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
John Quirke TE66/2013
against the recommendation of the Rights Commissioner in the case of:
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. J. Lucey
Members: Mr. P. Casey
Mr. D. McEvoy
heard this appeal at Clonmel on 8th September 2014
Appellant: Barry Murphy, Eugene Carey &7 Co., Solicitors, Courthouse Chambers,
Mallow, Co. Cork
Respondent: Mr. S. Hanaphy BL instructed by: Lyons Kenny, Solicitors, 57, Fitzwilliam Square, Dublin 2
This case came before the Tribunal by way of an employee appealing the decision of the Rights Commissioner under the Terms of Employment (Information) Act, 1994 and 2001 ref-r-127819-te-12/GC.
The decision of the Tribunal was as follows:-
The appellant was originally employed by another company (R) and was employed by the respondent on the 5th January 2009. He claims he was not offered a written contract of employment as per Section 3 of the Act.
The respondent contends that the appellant was given a written contract of employment in 2009 but did not return a signed copy of same. In 2011 he was supplied an updated version of his contract of employment which he again did not sign and return.
The Tribunal have carefully considered the sworn evidence and submissions adduced in this matter and find in favour of the appellant in his appeal under the Terms of Employment (Information) Act, 1994 and 2001. Accordingly, the Tribunal awards the sum of € 1,824.00, this being four weeks gross wages, under the Act.
Sealed with the Seal of the
Employment Appeals Tribunal