ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059021
Parties:
| Complainant | Respondent |
Parties | Ahmetcan Yilmaz | Bon Vivant Ltd T/A Le Petit Renard Wine Bar |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self-Represented | Annalee Brazel Peninsula Business Services Ireland |
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-00071179-001 | 30/04/2025 |
Date of Adjudication Hearing: 11/11/2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant and a witness for the respondent gave their evidence under affirmation. The hearing took place with he assistance of an interpreter provided by the WRC. |
Summary of Complainant’s Case:
The complainant submitted that he was not provided with a written copy of his terms and conditions of employment by his employer. However, he stated in evidence during the hearing that he was provided with a written statement but that when he returned to look at it some time later it had been deleted. |
Summary of Respondent’s Case:
The respondent confirmed that it had provided the complainant with a written copy of his terms and conditions of employment but only after a period of six weeks had elapsed. |
Findings and Conclusions:
The parties are in agreement that the complainant was provided with a written statement of his terms and conditions of employment. The employer conceded that it had not provided this statement to the complainant within the timeframes laid down by the legislation. The timeframes are provided under Section 3(1) and (1A) of the Act which provided the following direction in relation to the timeframes: 3.—(1) An employer shall, not later than one month 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 … … (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 …. On the basis of the foregoing, I find that the complaint is well founded and that the respondent has contravened the requirements of the legislation in respect of the timeframes for providing a written copy of terms and conditions of employment to an employee. Having regard to all of the circumstances of this complaint, compensation equivalent to a week’s net salary is considered just and equitable. |
Decision:
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.
Having regard to all the written and oral submissions made in relation to this complaint, my decision is that the complaint is well founded and that the Act has been contravened. I order the respondent to pay compensation of €550 to the complainant. |
Dated: 12-11-25
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Terms of Employment – time limits – Act contravened – award of compensation |