Complainant

Respondent

Parties

Adam  Callan

Cross Centra Roseberry Hill – Cross Retail Convenience Group Ltd

Representatives

None

Lorna Campbell, HR Consultant

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-00077727-001

19/11/2025

The Complainant contends he did not receive a written statement of core terms of employment within 5 days of his promotion to a supervisory position on 6th May 2022 or a statement with the remaining terms within 1 month of his promotion contrary to the provisions of the Terms of Employment (Information) Act, 1994.  The Respondent disputes his claims.

The Complainant was employed by the Respondent from 13th September 2021 until 9th October 2025.  He was promoted to the position of supervisor on 6th May 2022.  Notwithstanding this promotion, he did not receive a new contract of employment until July 2025, despite making repeated requests for a supervisor’s contract of employment.  Management repeatedly told him that a supervisor’s contract of employment did not exist.  He was advised that his payslip, which recorded his new job title and increased rate of pay, was sufficient.  He was further advised that all other terms and conditions of his employment remained unchanged.  The Complainant outlined that while no other terms and conditions changed, his job description had changed.  He was now required to open and close the store and had responsibility for supervising staff.  He wanted a full description of his new role.  The Complainant submitted that he is seeking compensation for the contravention of the Terms of Employment (Information) Act, 1994.

Following a question from the Adjudication Officer, the Complainant confirmed to the hearing that on 13th September 2021 he received a full statement of terms of employment on commencement of employment as a sales assistant.  This document was opened to the hearing.

The Complainant was promoted to the position of supervisor on 6th May 2022. This promotion resulted in an increase of €1 per hour and a change in job title.  Both of these changes were reflected on the Complainant’s payslip and therefore it was not necessary to give an updated statement of terms of employment.  Ms Campbell outlined that it is not company practice to issue written notification of changes to a statement of terms.  The Company handbook remained unchanged following the promotion. There was no template “Supervisor’s Contract of Employment” in existence.  Following subsequent requests, the Complainant was issued with a new statement of terms of employment in July 2025. 

Relevant Law

The information required to be given to employees under the Terms of the Employment (Information) Act, 1994 (as amended) (herein after “the Act”) is not the same as a ‘contract of employment’.  The statement of terms of employment to be given to an employee under the Act is not a contract.

Section 3 of the Act provides:

“(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 . . . (emphasis added)

(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 . . .

(d) the remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the employee is entitled and the pay reference period for the purposes of the National Minimum Wage Act 2000 . . .

(h) either—

(i) the title, grade, nature or category of work for which the employee is employed, or

(ii) a brief specification or description of the work . . . (emphasis added)

(3) The particulars specified in paragraphs (d), (j) and (k) of subsection (1A) or paragraphs (h), (j), (k), (l), (n) and (q) of subsection (1), may be given to the employee in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing those particulars which the employee has reasonable opportunities of reading during the course of the employee’s employment or which are reasonably accessible to the employee in some other way.

Section 5 of the Act provides:

“(1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3 . . . the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than—

(a)    the day on which the change takes effect . . .

Section 7 (2) of the Act provides:

“(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 change section 3, 4, 5, 6, 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.

(e) in relation to a complaint of a contravention under section 6C, and without prejudice to any order made under paragraph (d), 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.

Findings

It was common case the Complainant commenced employment on 13th September 2021 as a sales assistant, and that on this date he received a statement in writing containing particulars of the terms of his employment.  The Complainant did not assert that this statement failed to include the particulars required to be specified by s. 3 of the Act. 

It was common case that on 6th May 2022 the Complainant was promoted to a supervisory position.  The Complainant submits that the Act confers on him an entitlement to receive a new statement of terms (what the Complainant referred to as a “Supervisor’s Contract of Employment”) following his promotion.  I am satisfied, in the circumstances of this case, that such an entitlement does not arise under the Act. 

It was common case that as a result of the Complainant’s promotion, there was a change to his job title and hourly rate of pay effective from 6th May 2022.  Accordingly, I am satisfied that there was a change on that date to the particulars of his statement of terms (i.e., particulars specified at s. 3(1A)(d) and (i) of the Act).  Section 5 of the Act requires that a change made in any of the particulars of the statement furnished under s. 3 of the Act be notified to the employee in writing no later than the day the change takes effect.  It was common case that a written notification as required at s. 5 of the Act did not issue to the Complainant on 6th May 2022.  However, in July 2025, the Complainant was furnished with a statement of terms reflecting the job title of supervisor and confirming the change to the Complainant’s remuneration.  The Complainant did not assert that this statement failed to include the particulars required to be specified by s. 3 of the Act.  Accordingly, I am satisfied on the date the complaint was referred to the WRC (19th November 2025) the Respondent was not in contravention of the Act, and therefore this complaint is not well-founded.

I decide this complaint under the Terms of Employment (Information) Act, 1994 (as amended) is not well founded.

Statement of terms of employment.  Notification of changes.