Summary Sentence:

The Respondent conceded that it had failed to provide the Complainant sufficient written terms of employment or adequate notice for his dismissal and was directed to pay the Complainant a total of €380 in respect of these breaches.

Background:

The Complainant was employed by the Respondent as a Sales Assistant from 1 April 2023 until his employment was terminated on 17 July 2023.After this termination,the Complainant made complaints to the Workplace Relations Commission that he had not received a “five-day statement” of core terms and conditions of employment, and that he had not received a full statement of his terms and conditions of employment, both as required by the Terms of Employment (Information) Act 1994. The Complainant also alleged he had not received his statutory entitlement to one week’s minimum notice upon his dismissal.

The Respondent accepted the above facts as alleged, and the two directors of the Respondent were in attendance at the online hearing.

Outcome:

The Adjudication Officer found all complaints to be well-founded. In respect of the minimum notice complaint, the Adjudication Officer awarded the Complainant €180, which represents one week’s pay for the Complainant in this role. In respect of the two Terms of Employment complaints, the Adjudication Officer noted that “the Respondent is a relatively new, small enterprise and that there were no adverse implications for the Complainant by the failure to provide him with a statement” of his terms and conditions of employment or his core terms. As a result of this, the Adjudication Officer awarded €100, a relatively low amount, for each complaint.

Practical Guidance for Employers:

If an employer makes a minor mistake in its statutory obligations, an admission of responsibility and attending a hearing as a sign of respect may result in a relatively low-level award.

The full case is here:
https://www.workplacerelations.ie/en/cases/2024/march/adj-00046990.html