The Labour Court upheld a €5,500 award to Padraic Hanley after his employer appealed the compensation for failing to provide him with a contract of employment. The determination was signed on 26 June 2023.
Hanley worked as general manager for PBR Restaurants Limited T/A Fish Shack Cafe and said the lack of a contract left him without redundancy provisions when he was made redundant. The employer acknowledged breaching the law but argued that Hanley had been asked to complete his contract details and suffered no material detriment. Hanley said the absence of a contract had significantly affected him.
The Court found that the lack of a contract left Hanley in an uncertain legal position that the law was designed to prevent. It agreed that four weeks’ pay, €5,500, was appropriate compensation and upheld the Adjudication Officer’s award. The appeal challenged the amount, while the employer accepted that a breach had occurred.