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 was employed as a General Operative for the Respondent from 21 April 2023 to 2 July 2023. The Complainant alleged this end of his employment was contrary to the contract between the parties, and that he was entitled to a permanent contract. The Complainant alleged the termination of his employment was a form of penalisation against him for having asked the Respondent for a Safe Pass and for raising concerns about his needs for PPE or a contract of employment in writing. The Respondent said the Complainant was unable to produce an Irish driving license, which caused the Respondent to be unable to provide the Complainant with work and causing the Complainant to go on temporary lay-off. Upon being placed on temporary lay-off on 2 July 2023, the Respondent alleges the Complainant came to the office, returned his PPE and asked for a reference, thereby resigning his employment. The Respondent said the Complainant was given a number of opportunities to sign his contract of employment, but the Complainant was unable to do so on these occasions for a variety of personal reasons.
Outcome:
The Adjudication Officer found the obligation on an employer to provide written terms and conditions of employment to be a strict one, and that therefore it was not relevant whether the Respondent has made efforts to have the Complainant sign the contract in determining their liability. The Adjudication Officer noted that there was no obligation on an employee to sign a contract of employment, and that the employer should have posted the contract to the Complainant if it proved “difficult to pin him down as stated in evidence”. The Adjudication Officer directed the Respondent to pay the Complainant €700 as compensation for this breach. However, the Adjudication Officer also did not find the Complainant’s complaint of penalisation well-founded, as the Complainant did not commit a “protected act” which would entitle him to relief under the Health, Safety and Welfare at Work Act 2005.
Practical Guidance for Employers:
The obligation to provide written terms of employment is a strict one, and they should not delay in providing it to an employee just so the employee can sign it.
The full case is here:
https://www.workplacerelations.ie/en/cases/2024/february/adj-00047162.html
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