Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.
Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.
Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.
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
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial
