FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : ST MARGARETS COUNTRY CLUB LIMITED (REPRESENTED BY MANAGEMENT CONSULTANCY SERVICES) - AND - MR DMITRIJ BURUNOV (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal Of Adjudication Officer Decision No: ADJ-00013672 CA-00017954
BACKGROUND:
2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 21 August 2019 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place on 21 October 2019 . the following is the Decision of the Court:-
DETERMINATION:
Introduction
This is an appeal by Dmitrij Buronov against the decision of an Adjudication Officer in his complaints against his former employer St. Margaret’s Country Club Limited. The complaints were made pursuant to the Terms of Employment (Information) Act 1994 (the Act).
In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Dmitrij Buronov is referred to as the Complainant and St. Margaret’s Country Club Limited is referred to as the Respondent.
Complainant’s case
The Complainant was employed by the Respondent between 18th April 2017 and 30thMarch 2018 when he resigned from his position. . He contends that the although the Respondent provided him with a statement containing particulars of the principal terms of his contract of employment as is required by s.3 of the Act the statement did not comply with the requirements of s 3 (g) (ga) (i) and (j).
Respondent’s case
The Respondent submitted to the Court that it had provided the Complainant with a contract and a copy of the Staff Handbook which set out all the terms and conditions attached to the employment. While the contract might not have specifically met the requirements of the subsections identified there was no detriment to the Complainant.
Discussion
It is not disputed that the Complainant in this case received a statement of his terms and conditions. The Court in this case is being asked to find that the alleged errors and omissions outlined above constitute a breach of the Act and therefore the Complainant should be compensated in accordance with section (7) (2) of the Act. The Court having carefully read the submissions and listened to the oral submissions on the day finds that there were breaches of s3 of the Act. In all the circumstances of this case the Court awards compensation of €400 euro.
Determination
For the reasons set out above the appeal succeeds. The decision of the Adjudication Officer is set aside.
The Court so Determines.
Signed on behalf of the Labour Court
Louise O'Donnell
MK______________________
18 November 2019Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Mary Kehoe, Court Secretary.