ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00062253
Parties:
| Complainant | Respondent |
Parties | Mykhailo Synytsia | Rasa Wellness Limited |
Representatives | Self | Self |
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-00075874-001 | 30/09/2025 |
Date of Adjudication Hearing: 30/03/2026
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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:
The Complainant alleges that the he did not receive his statutory terms and conditions of employment. The allegation is contested. |
Summary of Complainant’s Case:
Mykhailo Synytsia – Affirmation. The Complainant was employed by Rasa Wellness Limited, Bray, Co. Wicklow. His employment ceased on 19 August 2025. The Complainant despite repeated oral and written requests in August and September 2025 was not provided with his statutory termination documentation, including his P45 and a written confirmation of cessation of employment. As a direct result he has been unable to complete his Disability Allowance application correctly and suffered an underpayment of €35 per week from 19 August 2025 to 30 September 2025 (6 weeks + 1 day), totalling €215. He has incurred expenses (€15) in pursuing the matter. The Complainant is a Ukrainian refugee with a disability and has been residing in Ireland under Temporary Protection. The employer’s failure to comply with their obligations has caused him financial hardship and distress. In relation to his Terms and Conditions of Employment, he received a contract upon commencement of his employment, but he was unhappy with some of the terms. He entered into negotiations with the Respondent in relation to the terms however no resolution was reached, so he refused to sign it. The Complainant is seeking Compensation of €230 (loss €215 + expenses €15) and additional compensation for stress and breach of statutory rights.
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Summary of Respondent’s Case:
Karen Morrissey – Affirmation. When the Complainant commenced his employment with the Respondent he was given a contract. He stated that he wanted 5 days a week. The Complainant insisted on that. The Respondent could not guarantee him five days a week. The Respondent has two live in employees and they only are given full time employment. The Complainant felt like he was the best therapist and as a result should get the most hours. He refused to sign the contract. Then at the start of August he handed in his notice. Ms. Morrissey asked him to stay on for two weeks to covering appointments. He did do that. His last day was 18 August. Some weeks later he wrote looking for is job back but at that juncture his position had been filed. |
Findings and Conclusions:
The Complainant commenced employment with the Respondent and received a written contract at commencement. However, he did not sign the contract due to dissatisfaction with certain terms and ongoing negotiations with the Respondent. He also stated that despite repeated oral and written requests in August and September 2025, the Complainant did not receive the statutory termination documentation, including his P45 and written confirmation of cessation of employment.
The Complainant has highlighted that he is a Ukrainian refugee with a disability, residing in Ireland under Temporary Protection, and that the Respondent’s failure caused him financial hardship and stress. It is not in dispute that the Complainant was given a contract at the start of employment. However, he was not happy with the hours of work set out therein. The Complainant requested a full-time (five days per week) schedule, which the Respondent could not guarantee due to staffing arrangements. The Complainant refused to sign the contract. The Complainant tendered his notice in early August 2025; the Respondent requested he remain for two additional weeks, which he did, with his final day being 18 August 2025. The Respondent noted that following the Complainant’s attempt to return, the position had been filled. Under the Terms of Employment (Information) Act 1997 every employee is entitled to a written statement of the terms and conditions of their employment. I am satisfied that the Respondent has complied with that statutory requirement. On that basis I find that the complaint is not well founded and accordingly fails.
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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.
The Complaint fails. |
Dated: 01-04-2026
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Written Statement. Terms of Employment. |