TED2611

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00056911 (CA-00069221-002)

BACKGROUND:

The Employer appealed the Decision of the Adjudication Officer to the Labour Court on the 14th October 2025 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2012.  A Labour Court hearing took place on the 16th April 2026. 

The following is the Decision of the Court.

DECISION:

The matter before the Court is an appeal by Good Place Beauty Limited against a decision of an Adjudication Officer in a complaint made by a former employee, Joselyn Moreira, under the Terms of Employment (Information) Act, 1994 (the Act).

Good Place Beauty Limited did not attend the hearing at first instance. The Adjudication Officer held that the complaint was well founded and awarded the sum of €3,312.

The Good Place Beauty Limited lodged a Notice of Appeal with the Court on 25 October 2025.

A hearing of the Labour Court was held on 16 April 2026.  Joselyn Moreira was assisted at the hearing by a Spanish language interpreter and gave evidence under oath.Luis Fellipe Do Couto Teixeira gave evidence on behalf of the company. Both sides confirmed that they were given an opportunity to present all relevant evidence to the Court at the hearing.

This decision is linked to PWD2612 which was heard on the same day.

The parties are referred to in this decision as they were at first instance. Hence, Joselyn Moreirais referred to as “the Complainant” and Good Place Beauty Limitedis referred to as “the Respondent”.

Summary position of the Complainant

The Complainant submits that the Respondent has contravened the Act as she was not provided with a written statement of her terms and conditions of employment.

Summary position of the Respondent

The Respondent accepts that it failed to provide the Complainant with a written statement of her terms and conditions of employment as required at section 3 of the Act. The appeal solely relates to the quantum of the award, which does not accurately reflect the Complainant wages.

Deliberations

The Terms of Employment (Information) Act imposes obligations on an employer and confers a corresponding right on a worker to have the basic terms of employment set out in writing in accordance with section 3 of the Act. The obligation to give an employee a written statement of terms of employment rests solely with the Respondent.  The Respondent failed to do so in this case.

As a result, the Court finds that the complaint is well founded.

Where a contravention of the Act occurs the Labour Court must make an award that is just and equitable having regard to all the circumstances but not exceeding 4 weeks’ remuneration in respect of the Complainant’ employment.

In the circumstances of this case, the Respondent fully accepts that it failed to provide the Complainant with a written statement of terms of employment

In a linked Decision PWD2612 theCourt decided that the Complainant was entitled to an hourly rate of pay of €15.00. The Court heard evidence that the Complainant’s working hours were flexible and based on scheduled shifts. The Court notes that in December 2024 the Complainant worked 65 hours. She also received €12.36 in tips.

Having regard to the above, the Court considers that an award of €1,000 to be just and reasonable having regard to all the circumstances.

Decision

The Court decides that the Respondent was in breach of the Act at Section 3, and the complaint is well founded. The decision of the Adjudication Officer is upheld.

The Court orders the Respondent to pay the sum of €1,000 as compensation to the Complainant being the amount which the Court considers just and equitable having regard to all the circumstances.

The decision of the Adjudication Officer is varied accordingly.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
JNF	______________________
06/05/2026	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Julie Nicholl-Flood, Court Secretary.