The Employment Relations Authority has ordered an employer to pay $2,500 to an employee after failing to provide them with an employment agreement.

The employee brought personal grievance claims to the Authority, after he believed he was dismissed without cause. He brought claims for unjustified dismissal, recovery of unpaid wages, and in relation to the lack of an employment agreement.

The Authority first dealt with the unjustified dismissal claim. The employee and employer had a meeting regarding a long standing complaint by the employee that he was owed wages. During the meeting, the employer suggested that he pay the employee the wages that he was owed, as well as two weeks’ worth of wages in return for his resignation. The employee agreed.

The Authority decided that this resignation was mutually agreed upon by both parties, and the claim for unjustified dismissal was rejected.

The Authority then dealt with the claims of unpaid wages, finding that the employer had failed to pay a small amount of both wages and holiday pay, and that they were liable to compensate the employee for this failure.

Finally the Authority had to consider the claim that no employment agreement had ever been given to the employee. It was clear that the employer had failed to provide the employee with an employment agreement, and the Authority decided that penalty had to be imposed.

The Authority ordered the employer to pay $2000 to the employee as a penalty for their failure to provide an employment agreement, as well as $500 as compensation for unpaid wages and holiday pay.

If there is confusion around the obligations of an employer, it is wise to seek advice from a professional with experience in the area.


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