ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001746

Complaints for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00002356-001	03/02/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00002356-004	03/02/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00002356-005	03/02/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00002356-006	03/02/2016

Date of Adjudication Hearing: 16/08/2016

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act and section 27 of the Organisation of Working Time Act, 1997 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Complainant’s Submission and Presentation:

The complainant was employed as a Driver with the respondent from 18th July 2015 to 3rd February 2016. He stated that he received no written employment contract until one was posted to him postmarked 22nd January 2016.

At the time of submitting his complaint, he did not receive holiday pay.

He further contends that he had not been paid in full for public holidays on 26/10/2015, 25/12/2015, 26/12/2015, or 01/01/2016. He contends that for public holidays the company pays €60 only.

He further stated that the company gives no notice of any extra hours to be worked. They just make a demand at their will.

Respondent’s Submission and Presentation:

CA-00002356-001 - The respondent refutes the claims. It is contended that the complainant was furnished with written terms and conditions of employment in early September 2015.

CA-00002356-004 – The company has fully discharged its obligations under the Organisation of Working Time Act 1997 in respect of annual leave. He was paid €955 on 24^th February 2016, for his outstanding leave entitlement when he left the company.

CA-00002356-005 – The company also has fully discharged its obligations in relation to payment for public holidays. It should be noted that the company has been subjected to a full WRC inspection in 2016 and has not been found to be in breach of any employment legislation including the Organisation of Working Time Act 1997.

CA-0002356-006 – The company provides a planned work roster to all its drivers weekly in advance. The complainant never worked for more than five days a week and records show that he rarely if ever performed ‘extra runs’.

Decision:

CA-00002356-001 – Terms of Employment (Information) Act 1994

Section 3 of the Act provides that an employer shall furnish to an employee written terms of conditions of employment within two months of commencement of employment. I accept the complainant’s evidence that the contract of employment which he showed in evidence (envelope postmarked 22^nd January 2016) was the first time he received written terms. I uphold his complaint and require the respondent to pay to the complainant the sum of €500 compensation.

CA-00002356-004 – Organisation of Working Time Act 1997 (Annual leave)

I note the evidence of payment in the complainant’s last payment of the sum for annual leave accrued and not taken on cesser of employment. I do not uphold the complainant’s complaint.

CA-00002356-005 – Organisation of Working Time Act 1997 (Public Holidays)

I note the evidence of the respondent in relation to the calculation of payment for the public holidays, and I find that it is in compliance with Statutory Instrument 475 of 1997 which provides for such calculation. I do not uphold the complainant’s complaint.

CA-0002356-006 – Organisation of Working Time Act 1997 – notification of hours.

Section 17 of the Act provides that information in relation to working time be provided to employees. Section 17 (4) provides for the right of the employer to request the employee to work additional hours which could not reasonably be foreseen. I note the evidence in relation to rosters. I also note the complainant was rarely asked to do ‘extra runs’ in circumstances where a client could be collected on way back from routes. I consider this to be in line with Section 17 (4). I do not uphold the complaint.

Dated: 4^th November 2016