FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 19, EUROPEAN COMMUNITIES (ROAD TRANSPORT) (ORGANISATION OF WORKING TIME OF PERSONS PERFORMING MOBILE ROAD TRANSPORT ACTIVITIES) REGULATIONS, 2012 PARTIES : SAM DENNIGAN & COMPANY (REPRESENTED BY DONAL T MC AULIFFE & COMPANY) - AND - MAXIM MARIKHIN (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision r-151107-mrt-14/POB.
BACKGROUND:
2. The Worker referred the case to the Labour Court in accordance with Section 19 ofthe European Communities (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 (S.I 36 of 2012). A Labour Court hearing took place on 13th November, 2015. The following is the Determination of the Court:
DETERMINATION:
This matter came before the Court by way of an appeal by Maxim Marikhan under Regulation 19 of the European Communities (Road Transport) Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012, S.I. 36 of 2012 (the Regulations). That Regulation provides for an appeal to the Court against the decision of a Rights Commissioner given under those Regulations.
The document purporting to be a decision against which the appeal was taken was issued by the Rights Commissioner on 24thJuly 2015. It is headed by reference to “Road Transport Regulations 2012” [sic] and contains a reference number referable to the Regulations It records that a complaint under the Act was heard by the Rights Commissioner on 20thMay 2015. It goes on to record the names of those who attended the hearing.
Under the heading “Background” the following appears: -
- The claimant contends that he did not receive any written terms and conditions of employment in contravention of the Terms of Employment Act 1994[sic]
- Decision
As there was insufficient evidence produced at the Hearing to justify the claim I find the claim now well founded
The document upon which the appeal is founded could not be construed as a decision of a Rights Commissioner under Regulation 18 of the Regulations. While the document is headed by reference to the Regulations it does not contain any decision under those Regulations. Rather, it appears to relate to a complaint under the Terms of Employment (Information) Act 1994.
The Court jurisdiction under the Regulations is founded on a decision of a Rights Commissioner. In order to constitute a decision the Rights Commissioner must find that the Regulations were or were not contravened. As there is no such decision in this case the Court has no jurisdiction to entertain the within appeal.
Signed on behalf of the Labour Court
Kevin Duffy
17th November, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.