ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00064387

Parties:

	Complainant	Respondent
Parties	Ann Dolan	Anna Kiselyova trading as Ground Social

Representatives

Self-Represented

Mr. Barry Kenny, Kenny Sullivan Solicitors

Complaints:

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-00077465-001	12/11/2025
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00077465-002	12/11/2025
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012	CA-00077465-003	12/11/2025
Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act, 1994.	CA-00077465-004	12/11/2025
Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act, 1994.	CA-00077465-005	12/11/2025
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00077465-008	12/11/2025
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00077465-009	12/11/2025

Date of Adjudication Hearing: 20/03/2026

Workplace Relations Commission Adjudication Officer: Brian Dolan

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 commenced employment in February 2025, with the parties agreeing that a transfer of undertaking occurred in relation to the current Respondent in August 2025. At all relevant times the Complainant role was described as “Manager”. The Complainant was a permanent, part-time employee, in receipt of an average weekly payment of €243. While some confusion existed as to the Complainant’s employment status, at the hearing of the matter she confirmed that she remained an employee of the Respondent.

On 12th November 2025, the Complainant referred the present complaints to the Commission. Herein, she alleged that the Respondent failed to provide her with a contract of employment and failed to pay her statutory notice. By response, the Respondent submitted that the Complainant transfered into her employment, and that all such matters were dealt with by the Complainant’s former employer.

A hearing in relation to this matter was convened for, and finalised on, 20th March 2026. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experienced during the hearing. This hearing was listed in parallel to that bearing file reference number ADJ-00062219, and this decision should be read in conjunction with the same.

Both parties issued submissions in advance of the hearing. Said submissions were expanded upon and contested in the course of the hearing. The Complainant gave evidence in support of her complaint, while the Respondent gave evidence in defence. All evidence was given under oath or examination and was opened to cross examination by the opposing side.

At the outset of the hearing, the Adjudicator confirmed that a number of the complaints were duplicated, or were not actionable in the present hearing. On foot of the same, the Complainant confirmed that the present hearing related to the matter of her contract only.

Summary of the Complainant’s Case:

In evidence, the Complainant stated that she did not receive a contract of employment at any stage of her employment. In this regard, the Complainant accepted that she commenced employment with a different entity and transferred to the current Respondent approximately three months prior to the referral of the present set of complaint. In this regard the Complainant submitted that she did not receive any contractual documentation following this transfer to the new entity.

In evidence, the Complainant stated that her present employment status was unclear but stated that she deemed herself to remain in the employment of the Respondent.

Summary of the Respondent’s Case:

In responding to the Complainant’s submission, the Respondent started that she took over the business in which the Complainant was employed in August 2025. She accepted that she could not produce a signed statement of terms of employment but stated that she assumed that this was administered by the former employer. The Respondent’s representative further noted that the Complainant had a management function and that she herself was bore some responsibility for the provision of contracts to staff.

Regarding the notice period, the Respondent representative observed that the Complainant deemed her employment to be ongoing, and in such circumstances, she would not be entitled to a payment of statutory notice.

Findings and Conclusions:

CA-000774465-001 – Terms of Employment (Information) Act

In circumstances whereby the Respondent cannot produce a signed statement of terms of employment issued to the Complainant at or near the commencement of her engagement, I find that the complaint is well-founded.

Regarding redress, the Act permits an award of compensation no greater than the equivalent of four week’s remuneration. In assessing the same, I am mindful that the impleaded Respondent did not hire the Complainant and that she was in her employment for a short period of time prior to the referral of the present complaint. In these circumstances, I award the Complainant the sum of €486 in compensation.

CA-000774465-002 – Terms of Employment (Information) Act

In circumstances whereby this complaint is a duplicate of that listed above, I find that the same is not well-founded.

CA-000774465-003 – European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012

I find that the complaint is not well-founded.

CA-000774465-004 – Terms of Employment (Information) Act

In circumstances whereby this complaint is a duplicate of that listed above, I find that the same in not well-founded.

CA-000774465-005 – Terms of Employment (Information) Act

In circumstances whereby this complaint is a duplicate of that listed above, I find that the same in not well-founded.

CA-000774465-008 – Minimum Notice and Terms of Employment Act

In circumstances whereby the Complainant submitted that her employment was not terminated on the date of hearing, I find that the complaint is not well-founded.

CA-000774465-009 – Minimum Notice and Terms of Employment Act

In circumstances whereby this complaint is a duplicate of that listed above, I find that the same in 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.