The Labour Court awarded Ann-Marie Nulty €360 for a section 3 breach and a further €360 for a section 5 breach of the Terms of Employment (Information) Acts, varying the Adjudication Officer’s decision on Blackrock Leisure Limited T/A Blackrock Leisure’s appeal. The determination was signed on 30 August 2019.
Nulty said she had not received a written contract or employment particulars and had repeatedly asked for a contract and payslips. The company said it had provided a contract and disputed when her employment began. The Court preferred Nulty’s evidence that she had requested a contract but had not received one, noting that the company could not produce a copy.
The company also argued that alleged tax illegality made the employment contract unenforceable. The Court found that Nulty’s knowledge of the arrangement did not prove active participation and accepted that she remained entitled to the Acts’ protections. It awarded €360 for each of the two breaches.