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WRC Awards Four Weeks’ Pay For Gaps in Employment Contract

posted 9 months ago

In a recent decision of the Workplace Relations Commission (“WRC”) in Linda Moran v English By Design Limited ADJ-00044292, the Complainant alleged breaches of the Terms of Employment (Information) Act 1994 (as amended), (“the Act”) in relation to her Contract of Employment, which was not contested by the Respondent.

Facts: The Complainant was employed as an Academic Coordinator and English teacher from 3rd January 2022. The Complainant was furnished with the most recent contract of employment dated 12th December 2022, which she submitted was not in compliance with the Act.

It was submitted that the Contract failed to comply with the following provisions of the Act:

  • The Contract did not contain the address of the employer;
  • The Contract did not contain a clause stating that an employee may, under Section 23 of the National Minimum Wage Act 2000 request from the employer a written statement of the employees’ average hourly rate of pay for any pay reference period;
  • The Contract did not set out any information in relation to pension and pension schemes.

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