ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00061602
Parties:
| Complainant | Respondent |
Parties | Pimtawan Costigan | Moonlight Nail Spa |
Representatives | Self-represented |
|
Complaint:
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-00071253-001 | 01/05/2025 |
Date of Adjudication Hearing: 11/03/2026
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 and to present any evidence relevant to the complaint. The hearing was held in the Hearing Rooms of the Workplace Relations Commission (WRC), Carlow. The complainant, Ms. Costigan, attended the hearing and gave evidence under oath. For the respondent, Mr. Donohoe, Director, and Ms. Nguyen, Director, attended and gave evidence under oath. In accordance with the Workplace Relations (Miscellaneous Provisions) Act 2021, employment rights hearings are held in public, and decisions are not anonymised unless there are special circumstances.
In coming to a decision, I have considered the relevant oral evidence and documentation put into evidence. I have summarised the evidence having regard to the relevance to the complaint made.
Background:
Ms. Costigan submitted a complaint that she did not receive a statement in writing of her terms of employment. The respondent denies the claim. |
Summary of Complainant’s Case:
Summary of Ms. Costigan’s Evidence The complainant, Ms. Costigan, gave testimony that she did not receive a contract of employment during her employment. She was asked whether she was previously issued with the contract submitted to the WRC by the respondent. She said that she had not seen this contract before. She said the effects on her were significant as she felt she could have been sacked at any time. |
Summary of Respondent’s Case:
Summary of Mr. Donohoe’s Evidence Mr. Donohoe gave testimony that when Ms. Costigan commenced employment she was issued with a contract signed by Ms. Nguyen. The complainant was allowed to bring the contract home to review, and it was never returned. He said he could not produce a copy of the contract signed by the employer. Summary of Ms. Nguyen Evidence Ms Nguyen gave testimony that when Ms. Costigan commenced employment she was issued with a contract signed by her. The complainant was allowed to bring the contract home to review, and it was never returned. She said she could not produce a copy of the contract signed by her. |
Findings and Conclusions:
There is a clear conflict in evidence. The complainant stated she received no contract over the course of her employment. The respondent stated that a contract signed by the employer was issued and never returned by the complainant. The respondent did not produce this contract signed by the employer. Section 3 (4) of the Act states- 4) A statement furnished by an employer shall be signed and dated by or on behalf of the employer. As a contract signed by the employer was not put into evidence, I find that there has been a breach of the Act.
In accordance with Section 7 of the Act, I declare that the complaint is well founded.
As per Section 7, there is provision to pay the employee compensation of such amount as the adjudicator considers just and equitable having regard to all the circumstances but not exceeding 4 weeks’ remuneration.
I order the employer pay to the employee €900.00. This is redress of compensation for a breach of a statutory right and is not wages or arrears of wages. |
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.
I order the employer pay to the employee €900.00. This is redress of compensation for a breach of a statutory right and is not wages or arrears of wages. |
Dated: 19th March 2026
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Terms of Employment |