Complainant

Respondent

Parties

Mr Robert  Taaffe

George Hare Electrical Ltd

Representatives

Self-Represented

The Respondent did not attend and was not represented at hearing. 

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-00077765-002

19/11/2025

This matter came before the Workplace Relations Commission dated 19/11/2025 as a complaint submitted under section 7 of the Terms of Employment (Information) Act, 1994 alleging contravention of the statute.   

The aforesaid complaint was referred to me for investigation.  A hearing for that purpose was scheduled to take place on 23/07/2026.

The Complainant commenced employment with the Respondent on 24/03/2025 and the position held was that of General Operative.

The Complainant worked 38 hours per week for which he received payment of €9.50 gross per hour.      

The Complainant on his WRC complaint form submits he did not receive a statement in writing on his terms of employment. 

CA-00077765-002

The Complainant at hearing was unsure as to whether he might have received a contract.

CA-00077765-002

There was no appearance by or on behalf of the Respondent at the hearing. 

In circumstances where I am satisfied that the Respondent was properly served with notice of the date, time and venue of the adjudication hearing and having waited some time to accommodate a late arrival and where I formally opened and closed the adjudication hearing on 23/07/2026 I will proceed to set out hereunder my findings and conclusions. 

CA-00077765-002

The Relevant Law

Section 3(1A) of the Terms of Employment (Information) Act, 1994 provides as follows:

(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, that is to say: 

(a) the full names of the employer and the employee; 

(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act 2014); 

(c) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires; 

(d) the rate or method of calculation of the employee’s remuneration and the pay reference period for the purposes of the National Minimum Wage Act 2000; 

(e) the number of hours which the employer reasonably expects the employee to work — 

(i) per normal working day, and 

(ii) per normal working week.

Section 3 of the Terms of Employment (Information) Act 1994 provides for further details to be given to an employee not later than one month after the commencement of the employee’s employment.

The Act also requires this statement to be signed and dated by or on behalf of the employer and the employer is also required to retain a copy of this statement for the period of employment and for a period of 1 year after the employment ceases.

Section 7 of the Act provides as follows: 

(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 section 3, 4, 5, 6, 6C, 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.

The Relevant Facts

It is noted the Complainant at hearing was unsure as to whether he might have received a contract. 

Therefore, correspondence issued to the Complainant shortly thereafter setting out as follows:

“Further to the hearing that took place on 23/07/2026, you may recall that when we were discussing your claim pursuant to section 7 of the Terms of Employment (Information) Act, 1994 you were as unsure whether or not you may have received a contract at the commencement of your employment and you had indicated to me that you would look further into this.   

I would be grateful if you could confirm whether or not you wish to pursue this complaint as soon as possible.  If you wish to pursue this complaint there will be a requirement to set the matter down for hearing again in order to hear your evidence in relation to the alleged non-receipt of your terms of employment or your contract on oath or affirmation.

I acknowledge receipt of your Employment Detail Summary for which I thank you. 

I would be grateful if you could give this request your prompt attention." 

I note the Complainant emailed the WRC as follows:

….I can't confirm for definite that I hadn't signed a contract, I have exhausted all lines of enquiry…

Accordingly, I find this complaint as presented to be not well-founded. 

CA-00077765-002

For the reasons set out above I decide this complaint is not well-founded.