Case Number: ADJ-00000174. Workplace Relations Commission

• Court: Workplace Relations Commission
• Docket Number: ADJ-00000174
• Date: 01 June 2016
• Parties: A Worker v An Employer

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000174

Complaints for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00000257-002	15/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00000257-003	15/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00000257-004	15/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00000257-005	15/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00000257-006	15/10/2015

At: Workplace Relations Commission, Haddington Road, Dublin 4.

Date of Adjudication Hearing: 12/04/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015, Section 7 of the Terms of Employment (Information) Act, 1994 – 2015 and the Organisation of Working Time Act, 1997 – 2015 and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

BACKGROUND:

The Complainant was employed by the Respondent from 30^th October 2014 until the employment terminated on 5^th September 2015. The Complainant was paid €10.00 an hour which was reduced to €9.00 an hour effective from April 2015.

The Complainant referred a complaint to the Workplace Relations Commission on 15^th October 2015 under the Terms of Employment (Information) Act 1994 – 2015 alleging the Respondent had breached Section 3 of the Act. The Complainant also referred a complaint to the Workplace Relations Commission under the Organisation of Working Time Act, 1997 – 2015 alleging the Respondent had breached Sections 19, 20, 21 and 22 of the Act.

Terms of Employment (Information) Act, 1994 – 2015

Summary of Complainant’s Position.

The Complainant stated that she had not been provided with a written statement of her Terms and Conditions of Employment for the duration of her employment.

FINDINGS

Section 3 (1) of the Act provides that an employer shall provide an employee with a written statement of her terms and conditions of...