SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
- AND -
MR ALI SELIM
(REPRESENTED BY IRISH FREDERATION OF UNIVERSITY TEACHERS)
Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms Treacy
1. Appeal of Adjudication Officer Decision No ADJ-00018001.
2. The Employee appealed the Decision of the Adjudication Officerto the Labour Court on 3 May 2019 in accordance withSection 8 (1) of the Terms of Employment (Information) Act 1994 to 2014. A Labour Court hearing took place on 30 August 2019. The following is the Determination of the Court:-
This is an appeal by Ali Selim (the Appellant) against an Adjudication Officer’s Decision given under the Terms of Employment (Information) Act, 1994 (the Act) in a claim that he did not receive a written statement of his terms of employment as required by the Act at Section 3 from his former employer Trinity College Dublin (the Respondent). The Adjudication Officer held that the Appellant had not received a written statement of his terms of employment awarded him a sum of €500 in compensation.
The Appellant commenced employment with the Respondent in 2010 and his employment was terminated on the 27thor 30thSeptember 2018.
It is common case that the Appellant did not receive a written statement of his terms of employment. The Respondent submitted that the Appellant was, at all times, aware of his terms and conditions of employment and never raised any issue with regard to same.
The Appellant, in addition to his complaint that he did not receive a written statement of his terms of employment, has claimed an increase in notice payment in view of the fact that the Respondent did not, in a written statement, advise him of his entitlement to notice. The Court has concluded that this claim is misconceived in that the Court is afforded no jurisdiction in a complaint under the Act to award notice payments.
The Court determines that the Respondent has breached the Act at Section 3 and orders it to pay to the Appellant a sum equivalent to four weeks’ pay in compensation, being the amount the Court considers to be just and equitable in all of the circumstances.
The decision of the Adjudication Officer is varied accordingly.
The Court so determines.
Signed on behalf of the Labour Court
11 September 2019Chairman
Enquiries concerning this Determination should be addressed to Fiona McCarthy, Court Secretary.