ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008304
Parties:
| Complainant | Respondent |
Parties | Driver | Services Company |
Complaint:
Act | 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 | CA-00011007-002 | 27/04/2017 |
Date of Adjudication Hearing: 10/10/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 as a Driver with the Respondent Company from 9th May 2016 until the employment terminated on 24th March 2017. The Complainant was paid €621.00 gross per week and he worked 45 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 27th April 2017 alleging the Respondent had breached the Act in that he had not been provided with a written statement of his Terms and Conditions of Employment.
SUMMARY OF COMPLAINANT’S POSITION.
The Complainant stated he had not been provided with a written statement of Terms and Conditions of Employment within the period of two months of the commencement of his employment on 9th May 2016.
SUMMARY OF RESPONDENT’S POSITION.
The Respondent stated that the Complainant had been issued with a written statement of his Terms and Conditions of Employment dated 13th March 2017.
FINDINGS AND CONCLUSIONS.
The Act provides that an employee shall be provided with a written statement of their Terms and Conditions of Employment within the period of two months of the commencement of the employment. The Act also provides that the written statement shall be signed and dated by the Employer.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
In accordance with Section 41(5) of the Workplace Relations Act, 2015 and in view of my findings above I declare this complaint is well founded. The Respondent did not comply with Section 3 of the Act and while the written statement issued on 13th March 2017 is dated it is not signed by the Respondent. I direct the Respondent to pay the Complainant compensation of €750.00 within 42 days of the date of this Decision
Dated: 5/12/17
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
No written statement within the specified two month period |