While the Acts referred to by the Deputy contain various references to the commencement of the employment and references to a contract of employment having been entered into, these Acts do not contain a specific definition for commencement of employment. Under the Terms of Employment (Information) Act 1994, one of the particulars of information to be provided to the employee in the written statement of terms and conditions is the date of commencement of the employee’s contract of employment. This statement of particulars should be provided to the employee within two months of the commencement of the employment.
Where there is a question with regard to the commencement date of employment in a case before an adjudicatory body such as a Rights Commissioner, this will be decided on the basis of the facts of the particular case, taking into consideration any relevant legal principles or precedents.