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.
Background:
The Complainant, representing himself, commenced employment as a driver for the Respondent, a parcel delivery company, on 4 January 2021. At the time of his hiring and for a year afterward, the Complainant alleged he was not given any written contract of employment. He said he was called in to a one-to-one meeting on 12 May 2022 with a manager of the Respondent and asked then to sign a contract, which he refused, as he did not agree to some of the terms offered. The Complainant also said he was in dispute with the Respondent about damage to a company vehicle.
The Respondent, represented by the manager in question, said in evidence that two line managers of the Complainant had given the Complainant a written contract, but that those managers no longer worked for the Respondent and were unable to give evidence for the hearing. The Respondent manager said an email had been sent to those line managers regarding giving the contract and employee handbook to the Complainant. The Respondent manager also said the contract was uploaded to an HR system on 12 February 2021 and the Complainant was asked to review it. Regarding the dispute about a company vehicle, the Respondent manager said the Complainant had caused damage to a company vehicle by failing to apply the handbrake, but that this damage would be “forgotten” if the contract given to the Complainant was signed. The Respondent had no signed contract to provide as evidence of compliance with the Terms of Employment (Information) Act 1994.
Outcome:
The Adjudication Officer found, based on the evidence provided, that the Complainant’s complaint was well-founded, and decided the maximum compensation of four weeks pay should be awarded. The decision was relatively short, given the brief and technical nature of the claim. However, as an obiter dicta, the Adjudicator noted he was “surprised” by the lack of engagement between the parties and urged the parties to engage between themselves to resolve any outstanding issues, such as the damage to the van.
Practical Guidance for Employers:
A failure to provide a written contract of employment is an “own goal” for employers which can be embarrassing, time-consuming and expensive, especially if an employee decides to bring it up later down the line when a dispute arises. It is not enough to ask a line manager to provide a contract – HR managers and senior leaders need to ensure as a priority that any terms and conditions are delivered to an employee and signed, ideally prior to or on the first day of employment.
The full case is here:
https://www.workplacerelations.ie/en/cases/2023/june/adj-00038799.html
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