Component Distributors (CD Ireland) Ltd (Represented by Peninsula Business Services (Ireland) Ltd) v Brigid (Beatrice) Burns (Represented by Richard Grogan & Associates)

• Jurisdiction: Ireland
• Judgment Date: 08 October 2018
• Judgment citation (vLex): [2018] 10 JIEC 0802
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.TED1812 ADJ-00006177 CA-00008471-001/002
• Date: 08 October 2018
• Court: Labour Court (Ireland)

Labour Court

FULL RECOMMENDATION

TE/17/54

DETERMINATION NO.TED1812

ADJ-00006177 CA-00008471-001/002

PARTIES:

Component Distributors (CD Ireland) Ltd (Represented by Peninsula Business Services (Ireland) Limited)

and

Brigid (Beatrice) Burns (Represented by Richard Grogan & Associates)

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Ms Doyle

Worker Member: Mr Hall

SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014

SUBJECT:

1 1. Appeal of Adjudication Officer's Decision No: ADJ-00006177.

BACKGROUND:

2 2. The employee appealed the Decision of the Adjudication Officer to the Labour Court on 1 December 2017. A case management hearing took place on 21 March 2018 and Labour Court hearings took place on 3 April 2018, 18 July 2018 and 3 October 2018. The following is the Determination of the Court:

DETERMINATION:

3 This is an appeal by Ms Brigid Burns against the Decisions of an Adjudication Officer No. ADJ-00006177, CA-00008417-001, CA-00008417-002 under the Terms of Employment (Information) Acts, 1994 to 2014. Ms Burns claimed that her former employer, Component Distributors (CD Ireland) Limited had breached Sections 3 of the Act. The Adjudication Officer held in her favour and awarded the sum of €200.00 in compensation.

4 For ease of reference the parties are given the same designations as they had at first instance. Hence Ms Burns will be referred to as “the Complainant” and Component Distributors (CD Ireland) Limited will be referred to as “the Respondent”.

Background

5 The Respondent was established in 1963 and specialises in importing, sale and distribution of automotive products. Its head office is in Mallusk, Co Antrim and it has bases in Dublin and Cork.

6 The Complainant was employed in the Dublin office as a Credit Controller from 31 ^st August 2004 until her dismissal on 11th November 2016. The claim was referred under the Act to the Workplace Relations Commission on 25 ^th November 2016.

7 It was not in dispute that the Complainant had been given a written contract of employment setting out her terms and conditions of employment in 2009.

Summary of the Complainant's Case

8 Mr Richard Grogan, Solicitor, Richard Grogan & Associates, Solicitors, on behalf of the Complainant submitted that the Respondent was in breach of the Act as the name of the company was not set out correctly in the Complainant's contract of employment. He also claimed that details of breaks were not properly set out and an incorrect leave year was given in the contract as it does not comply with the statutory leave year under the Organisation of Working Time Act 1997.

9 Mr Grogan contended that the alleged breaches were not trivial, technical, peripheral or otherwise. He stated that the Complainant has a fundamental right to the entitlements under the Act as specified by the Oireachtas deriving from EU law.

Summary of the Respondent's position

10 Mr Brian Dolan, Peninsula, on behalf of the Respondent, submitted that the Complainant's contract of employment dated 2 ^nd September 2009 sets out the particulars of her terms and conditions of employment. He submitted that if there were any omissions regarding the name of the company, breaks or details of the annual leave year as alleged, then they were minor or technical in nature. He maintained that they had no financial or work consequences for the Complainant and the complaint should be dismissed as trivial or of no consequence.

11 Mr Dolan said that there was a minor change in the in the name of the Company, it changed from “Component Distributors (Ireland) Limited” to “Component Distributors (CD Ireland) Limited”.

12 It is the Respondent's position that the contract of employment furnished to the Complainant gives details of annual leave entitlements and stated that the leave years runs from 1 ^st January to 31 ^st December and that that complies with section 3(1)(j) of the Act. The Respondent submits that the complaint advanced on behalf of the Complainant to the effect that the annual leave year referred to in the contract...