Case Number: ADJ-00002817. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00002817
Date22 September 2016
PartiesA worker v Hospitality sector
ADJUDICATION OFFICER’S DECISION

Adjudication Decision Reference: ADJ-00002817

Complaints for Resolution:

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-00003883-001

16/04/2016

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00003883-002

16/04/2016

Venue: Ardboyne Hotel, Navan, Co. Meath

Date of Adjudication Hearing: 22/06/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under section 7 of the Terms of Employment (Information) Act, 1994 and under section 27 of the Organisation of Working Time Act, 1997 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.

Complaint 1- taken under the Terms of Employment Information Act, 1994- CA-00003883-001

Complainant’s Submission:

The following is a summary of the Complainant’s submission.

That she was employed as a waitress with the Respondent from the 17th of October 2015 to the 21st of February 2016. That she was not provided with a written statement outlining her terms and conditions of employment contrary to section 3(1) of the Terms of Employment Information Act, 1994. Despite requests to the employer to provide this statement, none was provided. That she does not accept that she was advised by the Respondent that a copy of her contract was available at the desk for her signature. No statement was ever placed at the desk for her inspection or signature.

Respondent’s Submission:

The following is a summary of the Respondent’s submission.

The company provides contracts of employment to all of its employees. The contracts are retained in the office for employees’ inspection at any time. The Complainant was fully aware of this arrangement.

Findings:

The onus is on the Respondent to ensure that employees are issued with a written statement outlining their terms and conditions of employment in line with Section 3(1) of the Terms of Employment Information Act, 1994.

From the evidence presented at the hearing, it is clear that the Complainant was not issued with a written statement by the Respondent.

Decision 1 Re: Terms of Employment Information Act, 1994- Ref. No- CA-00003883-001:

Section 41(4) 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.

Based on the evidence presented at the hearing I find that this complaint is well founded. I order the Respondent to pay to the Complainant compensation in the sum of €500 for breaches of Section 3(1) of the Terms of Employment Information Act, 1994.

This sum should be paid within 6 weeks of the date of this decision.

Complaint 2- taken under Section 27 of the Organisation of Working Time Act, 1997 the Terms of Employment Information Act, 1994 - CA-00003883-002

Complainant’s Submission:

The following is summary of the Complainant’s submission.

That the Respondent failed to pay her entitlements in...

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