ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002127
Complaint for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00002878-001 | 26/02/2016 |
Venue: Tom Johnson House, Haddington Rd, Dublin 4.
Date of Adjudication Hearing: 06/05/2016
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background
The Complainant was employed as a Cleaner from October to December 2014. He was paid €8.65 per hour and his hours of work varied up to a maximum of 40 per week.
He has claimed that he did not get his P45.
Complainant’s Submission and Presentation:
His claim form stated, he worked for the Respondent and they don't want to send him P45 he needed it urgently . He waited 1 years and 3 months. Now he contacted them again but the same bul,,,, .What can i do? Revenue can't help with his problem. He applied for Family income supplement and social welfare don't help himhe explain his story but they tell him it is up to you if Respondent to send or not p45 So for this p45 he will lose his FIS payment (no money for rent and my children ) Please help me thank you |
He did not attend the hearing and was not represented.
Respondent’s Submission and Presentation:
The Respondent stated that he was issued with his P45 and he texted receipt of it. The claim is rejected.
Findings
I find that this claim was taken under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012. I find that the Complainant was employed as a Cleaner not a Mobile Road Transport worker, therefore this claim is misconceived.
I find that this employment ceased in December 2014 and the complaint was presented to the Commission on 26th February 2016 therefore the claim is out of time.
As no claim was presented at the hearing I find that this claim fails for want of prosecution.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have decided that this claim was misconceived, out of time and fails for want of prosecution.
Dated: 04/07/2016