ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00058546
Parties:
| Complainant | Respondent |
Parties | Deirdre Egan | Dr. Connor Smith Springfield Medical Centre |
Representatives |
| Shane McDonald Solr., McDonald Solicitors |
Complaint:
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-00071071-002 | 24/04/2025 |
Date of Adjudication Hearing: 19/08/2025
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation, by an employee, of a complaint of a contravention - by an employer - of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 (or such other Act as might be referred to in the 2015 Act), to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute.
I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing as well as any written submissions disclosed in advance of the hearing.
The Complainant herein has referred a matter for adjudication as provided for under Section 7 of the Terms of Employment (Information) Act, 1994 in circumstances where a Contract of Service has commenced and where the said Employee employed by an Employer is entitled to have been provided (within two months of the commencement of the employee’s employment with the employer) with a Statement of certain Terms of the employment.
The said terms are specified in Section 3 of the 1994 Act and include items such as names, addresses and place of work. There should also be a job title and a description of the nature of the work. The start date and the nature/duration of the Contract should be included in the statement as well as the terms of the remuneration. This statement should be dated and signed with copies retained by both parties.
This Terms of Employment (Information) Act, 1994 implements an EU Directive and applies to all persons working under a Contract of Employment or apprenticeship (whether on a fulltime or part time basis). It includes persons working through an employment agency where the party remunerating is responsible for the provision of the said Statement of Terms.
The complaint herein was made on the 24th of April 2025 and I can therefore consider such contravention of the Act which is alleged to have occurred within the six-month period prior to that date. The Complainant has been in the employment of the Respondent from October 2021 to date.
The contravention first accrues the day after the expiration of the two-month period for the provision of the Statement and every day thereafter. In the event of termination of the employment, the right to bring such a claim will die six months after the end of the employment.
In circumstances where I consider the complaint to be well founded, I may require a Statement of Terms be provided. In addition, I am entitled to direct a payment of compensation up to the value of four weeks remuneration such that is just and equitable in all the circumstances.
Background:
This hearing was conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was conducted in recognition of the fact that the proceedings constitute the administration of Justice. Normally, this would mean that members of the public could attend but as there were two or three industrial relations issues also being dealt with, this hearing as heard in camera. |
Summary of Complainant’s Case:
In the workplace relations complaint form received by the WRC, the Complainant noted: I did not receive a written statement / Contract of Employment when I commenced working for the Respondent in 2022. The Complainant presented in person at the hearing and confirmed that she has received a Contract of Employment since issuing the complaint. |
Summary of Respondent’s Case:
The Respondent witness gave evidence that he had provided a Contract of Employment /Statement of the terms of employment at the commencement of the employment. There was, however, no signed and dated Statement of terms presented nor was there even a copy thereof. The only document provided by the Respondent came two to three weeks prior to the hearing date and was unsigned and undated. |
Findings and Conclusions:
On the basis of the evidence heard I am not satisfied that the workplace herein operated so as to ensure that the HR needs and advices were of as high a standard as might be required. I am not satisfied that the Complainant received a Statement of her terms of employment at the commencement of her employment as required under Statute. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00071071-002 – The complaint herein well founded, and I direct that a payment of compensation in the sum of €800.00 is just and equitable in the circumstances. |
Dated: 30/09/2025
Workplace Relations Commission Adjudication Officer: Penelope McGrath
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