The Complainant outlined that despite requesting a contract of employment he was never issued with one. His manager said he also hadn't been issued with one.The Complainant further contended that the lack of clarity on his contractual terms in a written document, led to a dispute about monies that he believed he was due and the late payment of same.
The Respondent employer representative who attended the hearing said the manager in the business was responsible for day to day matters such as the issuing of contracts and he understood that one had been issued. However no evidence was produced to confirm that the relevant document had been issued as required under Section 3 (1) of the Terms of Employment & Information Act 1994.
Needless to say the Adjudicator found that the Act had been breached, and as well as ordering the Respondent to issue a statement of terms and conditions of employment,he also ordered that compensation of €1,250 be paid.
Whilst the financial implications of having to pay compensation due to a breach of the legislation are one good reason to ensure that contracts of employment are in place, equally as important are the benefits of clarity of understanding around respective rights and obligations in the workplace on a range of matters such as duties, payments, hours of work and leave. If you need any assistance on putting contracts of employment in place, please email HR Solutions who can tailor documents to deal with the specific needs of your business.