ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002781

Complaint for Resolution:

Date of Adjudication Hearing: 13/07/2016

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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 stated that his lunch break was regularly interrupted to attend to emergency call outs but did that he not get this time back. There was a canteen on site but he said he was often interrupted at the beginning or at other times in the meal break.

He was not able to say how frequent these interruptions would be. He thought it might be two occasions a month for emergency breakdowns. He also could not say how many of these interrupted meal breaks went uncompensated.

The claim 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of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 was withdrawn at the hearing.

He did not make a submission on the Terms of Employment (Information) Act

Respondent’s Submission and Presentation:

The respondent said that it understood that the complaint related to a claim for meal allowance. It did not pay for meal breaks.

In evidence the HR manager stated that it would rarely happen that compensatory break would not be given and that this was monitored with the complainant. She also produced documentation showing the hours worked by the complainant and including a statement signed by him confirming that he had got all breaks to which he was entitled.

The respondent also produced a signed copy of the statement of the Terms of Employment and stated that there were no changes in respect of which a duty of notification arose.

Conclusions and Findings

The complainant was not in a position to adduce any evidence in support of his claim under the Industrial Relations Act.

On the other hand the respondent exhibited signed documents covering the relevant period showing the complainant confirming with his signature that he had got all the breaks to which he was entitled.

His complaint cannot survive such evidence, or in his case the lack of it.

Likewise, he has not made out any case under section 7 of the Terms of Employment (Information) Act, 1994

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints/dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.

I dismiss the complaints under Section 13 of the Industrial Relations Act 1969 and Section 7 of the Terms of Employment (Information) Act 1996.

The complaint 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 was withdrawn at the hearing.

Dated:   20/10/2016