SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014
CAMPHILL COMMUNITIES OF IRELAND
(REPRESENTED BY MR. STEPHEN O'SULLIVAN BL, INSTRUCTED BY BEALE & CO SOLICITORS)
- AND -
(REPRESENTED BY MS. LAUREN TENNYSON BL, INSTRUCTED BY POE KIELY HOGAN LANIGAN SOLICITORS)
1.Appeal Of Adjudication Officer Decision No: ADJ-00021196
In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Elke Williams is referred to as the Complainant and Camphill Communities of Ireland are referred to as the Respondent. This complaint is linked to complaint UD/20/108 where the Court has determined that the Complainant was employed under a contract of employment and therefore is covered by the requirements of the Act.
The Complainant joined the Respondent, a registered charity, in September 1994 and performed a variety of roles within the organisation. The nature of the Respondent’s organisation is that they provide support on a residential and non- residential basis to those with intellectual disabilities and other needs in a community setting. The Complainant’s role within the community was as a Long- Term Co-Worker (LTCW). The Complainant with her family lived within the community and their accommodation and reasonable needs were met by the community. The Complainant’s husband was also taken on as a LTCW. The ethos of the organisation is that the relationship to the community is based on mutual trust, a shared vision and inner commitment to the principles values and aims of the community. It is the Respondent’s position that the Complainant was an LTWC and not an employee and therefore not covered by the Act.
The Court has already determined in UD/20/108 that the Complainant was an employee and that her employment terminated on the 31stDecember 2018. The Court notes that it is not in dispute that she did not receive a statement of her terms and conditions of employment as required by the Act . The Court therefore determines that there was a breach of the Act.
The Court having carefully read the submissions and listened to the oral submissions on the day determines that compensation in the amount of €1,000 as recommended by the Adjudication Officer should be paid to the Complainant. The appeal fails. The Decision of the Adjudication Officer is upheld.
The Court so determines.
Enquiries concerning this Determination should be addressed to Shane Lyons, Court Secretary.