Complainant

Respondent

Parties

Leo  Ursic

Northside Glass Ltd.

Representatives

  Appeared in person

 Appeared in person

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-00067699-001

27/11/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act, 1994. (withdrawn)

CA-00067699-003

27/11/2024

On 27 November 2024, the Complainant, a Glass cutter and Lay litigant submitted two complaints under the Terms of Employment (Information) Act, 1994.

Both Parties were invited to attend hearing scheduled for May 2, 2025.

Both Parties submitted documents in support of their positions.

The Complainant was employed as a trainee Glass cutter from 6 August 2024 to his date of resignation on 26 November 2024. He earned €499.98 in respect of a 39-hr week.

CA-00067699-001 Statement of core terms of employment

The complainant outlined that he had not received a written contract of any kind during his employment. A confusion arose surrounding the anticipated scheduling of the complainant’s probation and this placed the omission into sharp focus.

Evidence of the Complainant under oath:

The Complainant told the hearing that he was pleased to be hired as an apprentice glasscutter with the respondent business. He understood he had entered a 4-year apprenticeship with provision for a probationary review. He was paid minimum wage.

He was not provided with a written statement of his terms and conditions and found this confusing as he was unsure who was operating the apprenticeship.

In response to the respondents’ questions, the complainant recalled shaking hands-on commencement of work with the respondent and understood that his probation review was to follow after three months. He had no recall on any ambiguity surrounding his either being a trainee or an apprentice glass cutter on trial.

He resigned his position on 26 November 2024, on securing more suitable employment. He sought holiday balance payment and thanked the respondent for “the opportunity and training “

CA-00067699-003 withdrawn at hearing

The Respondent operates a successful family Glass cutting business and has disputed the claims made by the Complainant.

CA-00067699-001 Statement of core terms of employment

The Respondent submitted that the complainant was hired as a favour to his friend who was already working at the business on apprenticeship.

The topic of apprenticeship is not clear as Ireland does not currently operate an apprenticeship scheme for glass cutting.

Evidence of Mr Michael Finn by affirmation

The Respondent operated a system that a new starter would commence on a 3-month paid trial and after that if all worked out a contract of employment would issue.

This is what occurred in the complainant’s case. The Occupational uncertainty around official apprenticeship in glass cutting meant the complainant was a trainee.

Mr Finn recalled meeting Mr Ursic just prior to his resignation, where he had indicated he was happy with his job and did not raise any issues. A modest pay rise was planned.

The business had a concrete plan to issue a written contract, but the circumstances of the complainant’s resignation overtook events.

I have been requested to reach a decision on CA-00067699-001 that the Complainant had not received a statement of his core terms in writing under the Terms of Employment (Information) Act 1994.

A second complaint CA-0006799-002 was withdrawn.

The claim is disputed by the Respondent.

In reaching my decision, I have had regard for the written documents submitted by both parties in addition to evidence at hearing.

It was very clear to me as both Parties addressed the hearing that there were two very different understandings on the complainant’s role in the business.

The Complainant understood that he was to commence an apprenticeship in glass cutting. The Respondent was clear that no formal training programme in glass cutting operated in the State and the Complainant was hired on the recommendation of his friend who was training to be a glass cutter.

I understand that the Company normally places new entrants on trial and once that is complete, a contract issues.

However, this practice is contrary to the provisions of Section 3(1) (a) of the Terms of Employment (Information) Act 1994, as amended.

(1A) Without prejudice to subsection (1), an employer shall, not later than 5 days 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 of the terms of the employee’s employment, that is to say:

(a) the full names of the employer and the employee.

(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act 2014);

(c) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires.

(d) the remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the employee is entitled and the pay reference period for the purposes of the National Minimum Wage Act 2000.

(e) the number of hours which the employer reasonably expects the employee to work—

(i) per normal working day, and

(ii) per normal working week.

(f) where sections 4B to 4E (in so far as they are in operation) of the Payment of Wages Act 1991 apply to the employer, the employer’s policy on the manner in which tips or gratuities and mandatory charges (within the meaning of section 1 of that Act) are treated,

[(g) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is employed at various places or is free to determine his or her place of work or to work at various places.

(h) either—

(i) the title, grade, nature or category of work for which the employee is employed, or

(ii) a brief specification or description of the work.

(i) the date of commencement of the employee’s contract of employment.

(j) any terms or conditions relating to hours of work (including overtime).

(k) where a probationary period applies, its duration and conditions.]

(1B) Where a statement under subsection (1A) contains an error or omission, the statement shall be regarded as complying with the provisions of that subsection if it is shown that the error or omission was made by way of a clerical mistake or was otherwise made accidentally and in good faith.][(2) Each statement referred to in subsection (1) and (1A) shall be given to an employee notwithstanding that the employee’s employment ends before the end of the period within which the statement is required to be given.

(3) The particulars specified in paragraphs (d), (j) and (k) of subsection (1A) or paragraphs (h), (j), (k), (l), (n) and (q) of subsection (1)], may be given to the employee in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing those particulars which the employee has reasonable opportunities of reading during the course of the employee’s employment or which are reasonably accessible to the employee in some other way.

(4) A statement furnished by an employer under subsection (1) or (1A) shall be signed and dated by or on behalf of the employer.

(5) A copy of a statement furnished under this section shall be retained by the employer during the period of the employee's employment and for a period of 1 year thereafter.

The Parties can now see what the law requires of them at the commencement of employment. It is regrettable that the parties did not engage on this topic within the tenure of the employment as it is something which could have been easily addressed. The Parties will notice that all issues discussed at hearing are provided in this section and the terms serve as a navigation tool for any employee and employer.

I have established a contravention of Section 3(1) (a) of the Act.

I find the claim is well founded.

I order the Respondent to pay the Complainant €300.00 as just and equitable compensation in respect of the breach of Section 3(1) (a) of the Act.

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.

Section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint in accordance Section 3 of that Act.

I have found the claim well founded.

I have identified a breach of Section 3 (1) (a) of the Act.

 In accordance with Section 7 of the Act, I order the Respondent to pay the Complainant €300.00 as just and equitable compensation in respect of the breach of Section 3(1) (a) of the Act.

I make this order as the employment has long since ended and I do not have any other viable remedy as this stage.

5-day core terms of employment