ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003420
Complaint for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994
Date of Adjudication Hearing: 12/09/2016
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The Complainant was employed from 21st March 2016 until the employment terminated on 25th May 2016. The Complainant was paid €576.00 gross per week and she worked 34 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 2nd June 2016 alleging the Respondent had breached Section 3 of the Terms of Employment (Information) Act, 1994.
Summary of Complainant’s Position.
The Complainant stated that she had not been provided with a written Statement of her Terms and Conditions of Employment in breach of Section 3 of the Act
Summary of Respondent’s Position.
The Respondent stated that a written Statement of the Complainant’s Terms and Conditions of Employment had issued two copies as the Complainant had provided two addresses to the Respondent when she commenced employment. The Respondent was requested to provide evidence of this post the Hearing which they did on 21st September 2016.
The evidence provided shows that the Complainant provided one address in Naas on her CV when she applied for the position with the Respondent. – copy provided. This shows an address in Craddockstown
The Complainant also provided the Respondent with a P45 from her previous employer which shows an address at “Sarto” – copy provided.
The Respondent also provided evidence from the envelopes and stamp which shows that the Complainant was sent two copies of her Terms and Conditions of Employment – one to each of the addresses provided by the Complainant.
On the basis of the evidence provided by the Respondent I declare the complaint is not well founded.
Date: 12th December 2016