Failure to provide written terms and conditions of employment - award upheld at EAT
This was another appeal held this summer on a Rights Commissioner recommendation where the employee was awarded €900 as he had not been provided with written terms and conditions of employment. The employer in this case appealed the recommendation on the basis that the award would place an unreasonable financial strain on the employer as he had already reduced his employee numbers and was operating at a loss. He also put forward that the employee had suffered no loss or detriment as the written terms and conditions of employment given to him post termination of employment were the same as the unwritten terms and conditions in place during his employment.
The employee held that not having written terms and conditions of employment was detrimental to him as he did not know what to do when he was made redundant. He put forward that if he had been in possession of such a document he would have been better equipped to raise a grievance in respect of that redundancy.
The Employment Appeals Tribunal upheld the recommendation of the Rights Commissioner, being satisfied that the employees had not been given his terms and conditions of employment, in writing, within two months of commencing employment as required under the Terms of Employment (Information) Acts, 1994 and 2001.
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