Complainant

Respondent

Parties

Arturs  Palancevics

Around Noon Ltd

Representatives

  self

Frederick Reilly Lewis Silkin (N.I.) LLP/ Kevin Bell BL

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-00070966-001

19/04/2025

The Company wrote to the Commission and stated the following:

Around Noon Group recently initiated a comprehensive project to harmonise and update the employment contracts of all colleagues including drivers across our Dublin, Cork, Northern Ireland and London operations. This initiative is driven by our commitment to compliance with employment legislation, fairness among our workforce, and improved operational efficiency. In the course of this project, a recent HR audit revealed that a number of drivers, including Mr. Palancevics, did not have a formally signed contract on file. To rectify this oversight and ensure full compliance with the Terms of Employment (Information) Acts 1994–2014 and other relevant labour laws, we are issuing new, updated employment contracts to all drivers. These contracts are intended to provide equitable and transparent terms for every driver. The proposed contracts incorporate a number of more favourable terms, including an approximately 7.69% increase in salary, standardised annual leave entitlement, and clearer provisions regarding working hours, breaks, overtime, and probationary terms. We wish to emphasise that no driver is being asked to sign a new contract without full understanding. We are consulting individually with each driver, including Mr. Palancevics, to explain the proposed terms and answer any questions they may have. Each driver is encouraged to review the proposed contract carefully and to seek clarification prior to signing. We believe this collaborative process ensures that employees are treated fairly and can compare the new terms to their previous arrangements. We take our obligations as an employer seriously and are committed to full compliance with Irish employment law. We appreciate the guidance of the Workplace Relations Commission in matters such as this and are prepared to work closely with the Commission to resolve Mr. Palancevics’s complaint promptly and appropriately. If it would be helpful, a representative of Around Noon Group would be happy to meet with the Commission or provide any additional information required.

The Complainant stated that the  Respondent failed to provide information to him about his previous terms and conditions when requested and brings this complaint based on this failure and breach of the Act.

The Company accepts that they were not in compliance with their obligations under the Act and have set in train a process to rectify that omission.

The Complainant has left the Company, and I find that the Respondent has made substantial efforts to rectify past omissions and breaches relating to the Act. Based on their admission of liability and their efforts to resolve the matter in consultation with employees, the compensation to be awarded must reflect this. The following details have been submitted by the Complainant and seeks the maximum compensation and states in his submission:

I rely on the attached Exhibits (listed at Section 5 below). In summary, the bundle contains: • Email correspondence (2024): my request for a copy of my contract / written statement of terms and the Respondent's reply confirming it could not locate / did not have a copy. • Email correspondence (2025): my further request for a copy of my contract / written statement of terms and the Respondent's reply again confirming it could not locate / did not have a copy. • Salary Certificate (12/08/2021): confirming commencement date and employment details. • Payslips (latest 3): showing remuneration (gross monthly salary €3,500 plus €20 phone credit allowance)

On the facts before me and based on the circumstances of this case I award €1750 gross in compensation.

The Complainant has left the Company, and I find that the Respondent has made substantial efforts to rectify past omissions and breaches relating to the Act. Based on their admission of liability and their efforts to resolve the matter in consultation with employees, the compensation to be awarded must reflect this.

Liability has been accepted. The Complaint is well founded.

However, the Act does provide the following in terms of redress at section 7(2):

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 _] 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

I order the employee to pay compensation of €1750 gross in compensation an amount I determine to be just and equitable having regard to all of the circumstances.

Contract Information-Just and Equitable