Background: 
The Complainant testified that his employment contract from June 2020 stated he would be enrolled in the Single Public Service Pension Scheme (SPSPS). However, in September 2022, he discovered he was instead enrolled in the VHSS Scheme, which offered no benefit to him as he was already receiving a public service pension. The Complainant argued that this switch was made without his knowledge or consent, violating the Terms of Employment (Information) Act 1994, which requires notification of contract changes. Despite his extensive correspondence with the Respondent, the issue remained unresolved until April 2024. The Respondent's defence, citing administrative errors, was insufficient. The Complainant sought a directive to reinstate his SPSPS membership or have his contributions refunded or transferred to a scheme he could benefit from. The Respondent’s suggestion that he resign and reapply was deemed unacceptable. The case also raised legal questions about the initial pension clause.

The Respondent acknowledged the delay from September 2022 to April 2024 in providing a definitive answer to the Complainant but argued that it did not change the fundamental issue. The Complainant, a retired Garda receiving a public pension, was mistakenly enrolled in the SPSPS, which was not permissible due to the lack of a 26-week gap between his Garda service and his new role as a Driver. The Respondent claimed the error in the initial contract was unintentional and discovered later. The situation was governed by Section 10 of the Public Service Pensions Act 2012, which prevented the Complainant’s SPSPS membership. They suggested the Complainant apply to the Minister under Section 48 of the Act for resolution. The Respondent maintained that no breach of the Terms of Employment Act occurred and that the WRC was not the appropriate forum for pension-related issues, recommending the Financial Services and Pensions Ombudsman instead.

Finding:  
The Adjudicating Officer found that the Complainant's complaint under the Terms of Employment (Information) Act, 1994 was well-founded. The Complainant had been placed in the wrong pension scheme (VHSS) due to a clerical error that persisted for nearly two and a half years without proper notification or explanation. This failure to rectify the issue, despite multiple opportunities such as the contract renewal in May 2022, exceeded what could reasonably be considered a "clerical error" as outlined in Section 3(1)(B) of the Act. The Respondent’s argument that pensions are complex and their administrative staff were not "up to speed" was insufficient. As a result, the Adjudication Officer ruled in favour of the Complainant and awarded compensation of four weeks' pay, totalling €1,600. However, the request for re-entry into the SPSPS scheme was denied as it would contravene the Public Service Pensions Act 2012. This compensation is classified as a payment for breach of statutory rights.

Practical Guidance for Employers:

Employers should:

• Ensure Accurate Contracts: Regularly review employment contracts to ensure accuracy, especially regarding pension schemes and benefits. 
• Notify Employees of Changes: Promptly inform employees in writing of any changes to employment terms, including pensions, as required under the Terms of Employment (Information) Act, 1994. 
• Address Errors Quickly: Correct clerical errors immediately to prevent long-term issues, and document all communications with employees. 
• Provide Clarity on Pensions: Ensure staff fully understand their pension options and any limitations, especially when transitioning between public service roles.
  
• Seek Timely Resolution: Address employee concerns swiftly to avoid escalation and legal disputes.