Case Number: ADJ-00027614. Workplace Relations Commission

• Court: Workplace Relations Commission
• Docket Number: ADJ-00027614

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 by me and to present to me any evidence relevant to the complaint. The hearing was held remotely. The Respondent’s name was amended and agreed by both parties to reflect the correct legal entity in these proceedings. The parties represented themselves.

Background:

The Complainant commenced employment as a security engineer with the Respondent on 27 May 2019 and the employment terminated on the 13 March 2020. The Complainant worked a 39-hour week for gross pay of €904.02; net €680.37. The complainant submits that he never received information on his terms and conditions of employment contrary to the Terms of Employment (Information) Act 1994.

Summary of Complainant’s Case:

The Complainant submits that he repeatedly asked for his written terms and conditions of employment but was met with excuses from the Respondent including the assertion that the printer was broken. He submits that a resulting consequence for him, amongst other things, was not knowing his key responsibilities.

Summary of Respondent’s Case:

The Respondent accepted that he had not furnished the required statutory statement of terms and conditions of employment. He submits that he had thought that the sectoral employment order covering the industry had been enough and that he believed that the Complainant was well versed in its provisions because the Complainant had worked extensively in the industry over a number of years.

Findings and Conclusions:

The Applicable Law: The Terms of Employment (Information) Act, 1994 requires that an employer must provide his/her employee with a written statement of the particulars of the employee’s terms and conditions of employment. The relevant law is found at section 3 of the Terms of Employment (Information) Act, 1994, as amended, (The Act) where the pertinent sections provide as follows: (1) An employer shall, not later than 2 months 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 … (c) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places, (d) the title of the job...