ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050430
Parties:
| Complainant | Respondent |
Parties | Moya Gibney | Little Collins Cbd Brontosaurus Dispensary Limited |
Representatives |
| Jerry Lucey Blended HR |
Complaint(s):
Act | Complaint/Dispute 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-00061813-001 | 27/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00062427-001 | 26/03/2024 |
|
|
|
Date of Adjudication Hearing: 06/06/2024
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant was employed from 24th April 2023 until 11th August 2023 as Store Manager.
|
Summary of Complainant’s Case:
CA-00061813-001 The Complainant never received a written statement of her terms and conditions of employment in accordance with the Terms of Employment (Information) Act 1994. She requested this a number of times but it was never received. She did not receive an Employee Handbook. CA-00062427-001 The Complainant never received a written statement of her terms and conditions of employment in accordance with the Terms of Employment (Information) Act 1994. She requested this a number of times but it was never received. She did not receive an Employee Handbook.
|
Summary of Respondent’s Case:
CA-00061813-001 The Respondent accepts the Complainant never received a written statement of her terms and conditions of employment in accordance with the Terms of Employment (Information) Act 1994. CA-00062427-001 The Respondent accepts the Complainant never received a written statement of her terms and conditions of employment in accordance with the Terms of Employment (Information) Act 1994 |
Findings and Conclusions:
I heard and considered the parties written and oral submissions in relation to the complaints. CA-00061813-001 S3 of the Terms of Employment (Information) Act 1994 provides that an employer shall not later than one month after the commencement of employment with the employer give the employee a statement in writing of terms of employment. The Respondent accepts that no written statement of terms of employment were provided. The Complainant is no longer employed by the Respondent. I find the complaint is well founded. I find it just and equitable that the Complainant be awarded compensation of two weeks net remuneration and direct payment by the Respondent. CA-00062427-001 This is a duplication of complaint CA-00061813-001 in which a decision has already been given. I find this complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00061813-001 The complaint is well founded. The Complainant is awarded compensation of two weeks net remuneration of 1,094.40 net euro and direct payment by the Respondent. CA-00062427-001 This is a duplication of complaint CA-00061813-001 in which a decision has already been given. I find this complaint is not well founded. |
Dated: 14/05/25
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
|