Background:

The Complainant worked for the Respondent from 15 November 2022 to 19 June 2023. On 21 August 2023 the Complainant submitted a complaint to the WRC under the Terms of Notice (Information) Act 1994, alleging he was not provided a statement of his terms of employment in writing. The Respondent accepted this failure and said in evidence that all of its employees hold such a statement, but one was not provided to the Complainant due to an administrative oversight related to the Complainant’s manager being on maternity leave. The Responded said that it has reviewed its policies and contracts of employment to ensure this type of mistake would not be made again.

A dispute arose between the parties as to the Complainant’s “weekly rate of pay” for the purpose of calculating compensation. This was addressed by the Respondent providing payslips which showed the pay provided to the Complainant for the period of his employment.

Outcome:

The Adjudication Officer noted that the Respondent’s Director and Manager gave evidence on behalf of the Respondent, and that “they both presented as honest and credible witnesses.” After finding that the Complainant’s weekly wage was €247, the Adjudication Officer found the complaint to be well-founded and directed the Respondent to make payment of one week’s wages to the Complainant.

Practical Guidance for Employers:

When an employer is found to be in breach of a statutory obligation, showing an Adjudication Officer respect for that obligation and attempts to ensure it does not happen again can greatly mitigate the potential award of compensation which may be directed.

The full case is here:
https://www.workplacerelations.ie/en/cases/2023/december/adj-00047333.html