Background: 

The Complainant appealed an Adjudication Officer’s decision under the Terms of Employment (Information) Acts 1994–2014. The Adjudication Officer had ruled that the complaint against his former employer, the Respondent, was not well-founded

The Complainant argued that he was not provided with a written statement of the terms and conditions of his employment at the start of his employment. He claimed he only received an employee handbook, in English and Latvian, at a later stage after specifically requesting it. He contended he was unaware of the Respondent’s grievance and complaints procedures from the outset of his employment, which he stated was a breach of the statutory requirements. The Respondent argued that all employees, including the Complainant were provided with a written statement of their terms and conditions and a company handbook at the start of their employment. Although the Respondent could not locate the Complainant's contract of employment, they retained a document titled "acceptance of conditions of employment," signed by the Complainant, which confirmed receipt of a written statement two days after he commenced employment.

Finding:

The Labour Court found that the Respondent breached the Terms of Employment (Information) Acts 1994–2014 by failing to retain a copy of the Complainant’s written statement of employment terms as required under s.3(5) of the Act. While the Respondent presented a signed “acceptance of conditions of employment” document, it could not verify full compliance with the Act. The Labour Court determined that the Complainant was not properly provided with a written statement of terms as mandated. The complaint was deemed well-founded, and they awarded the Complainant €1,085.94 in compensation, overturning the Adjudication Officer’s decision.

Practical Guidance for Employers: