Noel Recruitment (Ireland) Ltd v Arturas Glemza (Represented by Richard Grogan & Associates, Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 29 January 2018
• Judgment citation (vLex): [2018] 1 JIEC 2909
• Court: Employment Appeal Tribunal (Ireland)
• Date: 29 January 2018
• Docket Number: DETERMINATION NO.TED183,FULL RECOMMENDATION,ADJ-00006622 CA-00008879-001

Labour Court (Ireland)

FULL RECOMMENDATION

TE/17/43

DETERMINATION NO.TED183

ADJ-00006622 CA-00008879-001

PARTIES:

Noel Recruitment (Ireland) Limited

and

Arturas Glemza (Represented by Richard Grogan & Associates, Solicitors)

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr Murphy

Worker Member: Ms Treacy

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

SUBJECT:

1 1. Appeal of Adjudication Officer's Decision No: ADJ-00006622.

BACKGROUND:

2 2. This is an appeal under Section 8(1) of the Terms of Employment (Information) Acts, 1994 to 2012. A Labour Court hearing took place on 14 December 2017. The following is the Court's Determination:

DETERMINATION:

3 This is an appeal by Arturas Glemza (the Complainant) against decision ADJ-00006633 of an Adjudication Officer in his complaint against his former employer Noel Recruitment (Ireland) Limited (the Respondent). The complaint was made pursuant to The Terms of Employment (Information) Act 1994 (the Act). The Adjudication Officer found that the complaint was well founded in part but did not award compensation and as the Complainant has left the employment did not direct the Respondent to issue an amended terms and conditions of employment statement. The Complainant is seeking an award of compensation for the breach. There is no cross appeal from the employer.

Background

4 The Complainant was employed by the Respondent between 24th May 2016 and 22 January 2017 when he left the employment. He contends that the Respondent failed to provide him with a statement containing particulars of the principal terms of his contract as is required by s.3 of the Act.

5 The substance of his claim is that while he was furnished with a statement, it did not contain particulars in respect to the following matters:-

6 The correct name of the employer. The statement provided indicated the employer was Noel Recruitment Ireland Limited whereas the correct name is Noel Recruitment (Ireland) Limited.

7 No terms and conditions as to hours of work other than that the employee will be notified a week in advance were set out.

8 The statement provides that the leave year is to run in tandem with the calendar year whereas the Organisation of Working Time Act 1977 provides that a leave year runs from 1 ^st April to 31 ^st March.

9 The provisions of section 3(g) and (ga) were not set out.

10 He was not advised of the provisions of section 23 of the Act.

Position of the parties.

The...