ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010201
Parties:
| Complainant | Respondent |
Anonymised Parties | A Hair Stylist | A Hairdressing Salon |
Representatives | Not Represented | Not Represented |
Complaint:
Act | Complaint 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-00013293-006 | 24/08/2017 |
Date of Adjudication Hearing: 16/01/2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
Procedure:
In accordance with Section 41 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 complaint.
Background:
The Complainant was employed by the Respondent as a Hair Stylist from 17th July, 2015 until 12th August, 2017 when her employment was terminated. The Complainant was paid a weekly salary of €370.00. The Complainant claims that the Respondent failed to provide her with a written statement of her terms and conditions of employment contrary to Section 3 of the Terms of Employment (Information) Act, 1994. |
Summary of Complainant’s Case:
The Complainant was employed by the Respondent as a Hair Stylist from 17th July, 2015 until 12th August, 2017. The Complainant submitted that she was required to take over the running of the business in the capacity of Acting Manager when the owner was absent on maternity leave from June, 2017 until her employment terminated in August, 2017. The Complainant claims that she did not receive a written statement of her terms and conditions of employment at any point during her period of employment despite the fact that she requested same from the Respondent on 24th May, 2017. |
Summary of Respondent’s Case:
The Respondent accepts that the Complainant was not provided with a written statement of her terms and conditions of employment during her period of employment. The Respondent submitted that she was not aware of her statutory obligations under the Terms of Employment (Information) Act 1994 to provide this written statement to the Complainant. However, the Respondent contends that the Complainant was made fully aware of all the relevant terms and conditions relating to her employment. The Respondent submitted that the Complainant handed in her notice by text message on 1st August, 2017 indicating that she was leaving her employment on 12th August, 2017. |
Findings and Conclusions:
This complaint has been referred under Section 7 of the Terms of Employment (Information) Act, 1994 and where the Complainant has alleged a contravention of Section 3 of the Act. Section 3(1) of the Terms of Employment (Information) Act 1994 requires that “An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars …… “. The material facts were not in dispute between the parties in relation to this complaint. The Respondent accepts that the Complainant was not provided with a written statement of her terms and conditions of employment at any stage during her period of employment. In the circumstances, I find that the Respondent has contravened Section 3 of the Act and that the complaint is well founded. |
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 my powers under Section 7 of the Terms of Employment (Information) Act 1994, I declare that the Respondent has contravened Section 3 of the Act and that the complaint is well founded. I order the Respondent to pay to the Complainant the compensation in the amount of €740.00 being the equivalent of two weeks’ pay in respect of the contravention. |
Dated: 3rd May, 2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Terms of Employment (Information) Act 1994 – Section 3 – Failure to provide written statement of terms and conditions – complaint well founded – compensation awarded. |