Complainant

Respondent

Parties

Alberto Heras  Aguilar

New Orient Limited

Representatives

Self-Represented

Peninsula Business Service (Ireland) Limited

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-00068317-002

22/12/2024

The Complainant commenced employment with the Respondent on 4th December 2023. On the date of the referral of the complaint form, the Complainant received an average weekly payment of €560.

On 22nd December 2024, the Complainant referred the present complaint to the Commission. Herein, he alleged that the Respondent did not provide him with a statement of terms of employment in accordance with the Act. By response, the Respondent partially conceded this complaint but submitted that they had since issued the Complainant with comprehensive terms of employment.

A hearing in relation to this matter was convened for, and finalised on, 4th April 2025. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experienced during the hearing.

Both parties issues extensive submission in advance of the hearing. Said submissions were expanded upon and contested during the course of the hearing.

No issues as to my jurisdiction to hear the complaint were raised at any stage of the proceedings.

By submission, the Complainant stated that the did not receive any statement of terms of employment at or near the commencement of his employment. He submitted that he requested these terms on numerous occasions, both verbally and in writing.

The Complainant accepted that following the referral of the present complaint, he received a statement of terms. Nonetheless, he submitted that the Respondent remained in breach of the Act and that he had suffered significant prejudice on foot of the Respondent’s failure in this regard. 

By response, the Respondent accepted that they did not provide a statement of terms of employment to the Complainant at or near the outset of his employment. They submitted that this had since been rectified, and that they were now in compliance with the Act. They further submitted that the Complainant suffered minimal prejudice as a consequence of the breach of the Act.

Regarding the present complaint, it is common case that the Complainant did not receive a statement of terms of employment at or near the commencement of his employment and, consequently, the breach of the Act is conceded by the Respondent. Notwithstanding the same, they submitted that following the referral of the present complaint, they sought to rectify matters and that the Complainant had received a statement by the date of the hearing. They further submitted that the Complainant suffered minimal prejudice as a consequence.

While the Respondent is to be commended for seeking to correct their failure regarding the provision of a statement, the same cannot act as a defence to the complaint raised by the Complainant, particularly when the Complainant specifically requested said terms in writing prior to the referral of the complaint. Regarding the issue of prejudice, it is noted that the Complainant was subjected to a disciplinary sanction regarding his hours and the nature of his finishing his shift. His submission in this regard was the same could have been avoided, or at least clarified had he received a statement at the relevant time. Having regard to the foregoing, it is apparent that the Respondent failures in this regard did give rise to prejudice on the part of the Complainant.

I find that the complaint is well-founded, and the Complainant’s application succeeds.

Regarding redress, the Act empowers me to award up to four week’s compensation for a breach of the Act. During the hearing the parties agreed that while the Complainant previous worked additional hours, his normal working week consisted of approximately 25 hours per week and that the award of compensation should be calculated on this basis.

Having regard to the foregoing, I award the Complainant the sum of €1,200, or the equivalent of three weeks’ remuneration, in compensation.

Terms of Employment, Compensation