Employee who did not receive a written contract awarded €1200
This Employment Appeals Tribunal hearing took place in July and was an appeal of a Rights Commissioner recommendation. The employer, a pizza restaurant, hired a delivery driver through an advert in the restaurant window and employed him for just over 2 months. The employee worked in the restaurant carrying out general tasks as well as being a delivery driver. He never received written terms and conditions of employment and sought compensation for this.
At the tribunal hearing, a representative of the restaurant produced a copy of a contract which he said was usually given to delivery drivers but he could not say whether such a contract was given to the individual in this case. He said that these contracts ‘’were always there to be signed but he may not have signed one’’.
The tribunal was satisfied that in this case the individual was employed by the restaurant on a contract of employment and as such was entitled to receive written terms and conditions of employment in accordance with The Terms of Employment (Information) Act 1994. The individual did not receive these and therefore the tribunal upheld the Rights Commissioner recommendation and awarded €1200 to the individual.
This case highlights that employers need to be aware that they are required by law to give their employees written terms and conditions of employment, even for employees with relatively short temporary contracts. Apart from the cost of the award, the employer in this case also had to take time out to attend the hearings and prepare his defence. When you consider how economic and efficient a written contract can now be prepared, all employers are best advised to ensure that they are compliant.
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