ADJUDICATION OFFICER DECISION

 

Adjudication Reference: ADJ-00010443

 

	Complainant	Respondent
Anonymised Parties

 

Representatives

Head Of Human Resources

 

Complaint(s):

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-00013833-001	08/09/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00013833-002	08/09/2017

 

Date of Adjudication Hearing: 29/11/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath BL

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint or complaints of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other Act as might be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing as well as any written submissions disclosed in advance of the hearing.

 

The Complainant herein has referred a matter for adjudication as provided for under Section 7 of the Terms of Employment (Information) Act, 1994 in circumstances where a Contract of Service has commenced and where the said Employee employed by an Employer is entitled to be provided (within two months of the commencement of the employment) with a Statement of certain Terms of the employment (as specified in Section 3 of the 1994 Act).

 

In addition, the Complainant herein has referred a complaint of a contravention of Section 5 of the Payment of Wages Act, 1991. Pursuant to Section 6 of the said 1991 Act, in circumstances where the complaint is deemed to be well founded, compensation in the amount so specified may be awarded.

 

In a preliminary way, I am satisfied a Contract of Employment existed between the parties such that Statement of Terms and Conditions was due to be delivered and a wage as defined by the 1991 Act was payable to the Employee by the Employer in connection with the employment. I further find that the Complainant’s Workplace Relations complaint Form dated the 8th of September 2017 was submitted within the time allowed.

 

Background:

The Complainant had worked with the Respondent Body since 2008. The Complainant changed jobs within the Employment framework in and around 2014 though he never received an updated Contract of Employment. The Complainant sought to regularise his position in 2017. The Complainant was additionally concerned that he was on his incorrect payscale.

 

Summary of Complainant’s Case:

The Complainant withdrew his claim under the Payment of Wages legislation. The Complainant gace evidence regarding the Employer’s failure to provide him with a Statement of his Terms and Conditions of Employment.

 

Summary of Respondent’s Case:

The Respondent conceded the issue under the Terms and Conditions of Employment legislation.

 

Findings and Conclusions:

I find the Complainant has not been provided with a written statement of his Terms and Conditions of Employment as is required under Section 3 of the 1994 Act.

 

 

Decision:

 

I award the Complainant €500.00 compensation pursuant to Section 7 of the Terms of Employment (Information) Act, 1994. The Complaint under the Payment of Wages was withdrawn.

 

Dated: 5th April 2018

Workplace Relations Commission Adjudication Officer: Penelope McGrath BL

Key Words: