ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002766
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
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012
Date of Adjudication Hearing: 22/11/2016
Workplace Relations Commission Adjudication Officer: Pat Brady
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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 complaints.
Complainant’s Submission and Presentation:
There was a dispute about the complainant’s starting date with the respondent. He commenced on either September 29th 2015 or October 19th. No explanation was offered for the discrepancy. His employment terminated on February 17th 2016 and he referred the complaint to the WRC on April 13th.
He says he was never given a statement of his terms of employments as required by the above Act. He did not request one.
Complaint CA-00003825-004 was withdrawn at the hearing
Respondent’s Submission and Presentation:
The respondent denied that the complainant had not been furnished with a copy of the statement but could offer no evidence of having done so.
Conclusions and Findings
An obligation falls on an employer to provide an employee with a statement within two months of his commencement.
It was not in a position to do so.
Accordingly I find that the respondent did not comply with the requirement s of the Terms of Employment (Information) Act 1994.
Section 41(4) 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.
I uphold complaint CA-00003825-003 and award the complainant €25.00.
Complaint CA-00003825-004 was withdrawn at the hearing and falls.
Dated: 30th January 2017