Absence of employment contract and staff handbook cited in recent determination
Determination of Employment Appeals Tribunal: -
"Apart from it being a legal requirement the issuing of terms and conditions of employment to employees is of mutual benefit to all concerned. It gives a reference point in the employer/employee relationship. An absence of that document together with no contract of employment is a recipe for misunderstandings and indeed disputes. In addition no staff handbook containing a disciplinary and grievance procedure was in evidence in this case. Again this is a major flaw in the conduct of the respondent when dealing with staff.
When an employer instructs an employee to leave the workplace for no good reason it is not unreasonable for the employee to consider him/herself dismissed. When that instruction is done in an abusive aggressive manner then it is very reasonable for the listener to conclude she/he has lost their job. In these circumstances the Tribunal finds that the claimant was dismissed and that this dismissal was unfair. Accordingly, the claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and the claimant is awarded €12,290.98 as compensation under those Acts.
The appeal under the Minimum Notice and Terms of Employment Acts is allowed and the appellant is awarded €709.02 as compensation under those Acts."
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
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