Complainant

Respondent

Parties

Mr Scott Judge

AP Haslam Limited [amended on consent at hearing]

Representatives

Self-Represented

Ms Sinead Cockram The HR Suite

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-00070430-001

31/03/2025

This matter came before the Workplace Relations Commission dated 31/03/2025 as a complaint submitted under section 7 of the Terms of Employment (Information) Act, 1994 alleging contravention of the statute.    

The aforesaid complaint was referred to me for investigation.  A hearing for that purpose was scheduled to take place on 26/09/2025.    

The Complainant commenced employment with the Respondent on 06/08/2024 and the position held was that of workshop operative. 

The Complainant worked 38.70 hours per week for which he received payment of €600.63 gross per week.    

The Complainant claims he did not receive a written contract having worked with the Respondent for a period of 8 months. 

There is no contest on the material facts at issue. 

The Respondent is not contesting the claim. 

CA-00070430-001

The Complainant submits he did not receive the written statement of employment details required to be issued after one month of employment nor did he receive the mandatory 5 day written statement.   

CA-00070430-001

The Respondent accepts that the Complainant was not issued with his written Terms & Conditions of Employment within one month of his start date as required under the Terms of Employment (Information) Act, 1994. 

The Respondent submits there were attempts to rectify the matter in April 2025 and the Complainant declined to accept the contract at that time.

The Respondent submits the Complainant was offered four weeks’ pay in an effort to resolve the matter amicably outside of the WRC which was not accepted by the Complainant. 

CA-00070430-001

The Relevant Law

Section 3(1A) of the Terms of Employment (Information) Act, 1994 provides as follows:

(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 rate or method of calculation of the employee’s remuneration 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.

Section 3 of the Terms of Employment (Information) Act 1994 provides for further details to be given to an employee not later than one month after the commencement of the employee’s employment.

The Act also requires this statement to be signed and dated by or on behalf of the employer and the employer is also required to retain a copy of this statement for the period of employment and for a period of 1 year after the employment ceases.

Section 7 of the Act provides as follows: 

(2) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G] shall do one or more of the following namely—

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) either—

(i) confirm all or any of the particulars contained or referred to in any statement furnished by the employer under section 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G, or

(ii) alter or add to any such statement for the purpose of correcting any inaccuracy or omission in the statement and the statement as so altered or added to shall be deemed to have been given to the employee by the employer,

(c) require the employer to give or cause to be given to the employee concerned a written statement containing such particulars as may be specified by the adjudication officer,

(d) in relation to a complaint of a contravention under section 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G and without prejudice to any order made under paragraph (e) order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks' remuneration in respect of the employee's employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.

The Relevant Facts

The Complainant’s claim is not disputed by the Respondent. 

I am satisfied there has been a contravention of the impleaded legislation during the relevant period. 

Accordingly, I find this complaint to be well-founded.    

On the basis the employment has ended there is no requirement that I direct a statement or a contract to be provided to the Complainant. 

In consideration of compensation for a contravention of the Terms of Employment (Information) Act, 1994 I apply the reasoning of the Labour Court in Morehampton Foods Limited v. Dean Gibbons [TED1718] where it was held as follows:

“Paragraph (d) of s.7(2) places an upper limit on the quantum of compensation that can be awarded in an amount equal to 4 weeks’ remuneration in respect of the employee’s remuneration…It is clear a failure to comply with s.3 constitutes a single contravention of the Act. The extent of non-compliance is a matter that goes to the gravity of the contravention and that can properly be taken into account in deciding on redress and in particular in measuring the quantum of any compensation to be awarded. However, the extent of non-compliance or the gravity of the contravention cannot offset or supplant the clear provision of s.7(2)(d) of the Act.”

I conclude it is just and equitable, having regard to all the circumstances, to order the Respondent to pay the Complainant compensation in the amount of €1,201.26 representing two weeks’ pay for contravention of a statutory right. 

For the avoidance of doubt, this award is for the infringement of a statutory right and is not subject to deductions for PAYE, PRSI or USC. 

CA-00070430-001

For the reasons stated above, I order the Respondent to pay the Complainant compensation in the amount of €1,201.26 for contravention of a statutory right.  I decide this complaint is well-founded. 

No 5-day statement; no contract;