ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004630
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 | CA-00006301-002 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006309-001 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006309-002 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006309-003 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00006309-004 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00006309-005 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006309-006 | 26/07/2016 |
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-00006309-007 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006309-009 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006309-010 | 26/07/2016 |
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-00006309-011 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006309-012 | 26/07/2016 |
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-00006309-013 | 26/07/2016 |
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-00006309-014 | 26/07/2016 |
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-00006309-015 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006309-016 | 26/07/2016 |
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-00007260-001 | 13/09/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00007260-003 | 13/09/2016 |
Date of Adjudication Hearing: 29/11/2016
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Complainant’s Submission and Presentation:
Never advised of any positions |
THE COMPLAINANT DID NOT RECEIVE A SUNDAY PREMIUM FOR WORKING ON SUNDAYS which is unreasonable. He is paid €90 a day for normal days and 103.60 for Sundays but only on hours worked |
THE COMPLAINANT DID NOT RECEIVE HIS ENTITLEMENTS. Premium payments not taken into account nor allowances. |
THE COMPLAINANT DID NOT RECEIVE HIS ENTITLESMENTS. Holidays do not include premium payments. |
THE COMPLAINANT DID NOT RECEIVE A STATEMENT WHICH COMPLIED WITH SECTION 3 |
THE COMPLAINANT DID NOT RECEIVE A STATEMENT WHICH COMPLIED WITH SECTION 5 . |
THE COMPLAINANT DID NOT RECEIVE HIS ENTITLEMENTS TO INCLUDE 2 WEEKS UNINTERUPED LEAVE/BEING PAID IN ADVANCE OF GOING ON HOLIDAYS/DID NOT RECEIVE HIS FULL ENTITLEMENTS |
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THE COMPLAINANT WAS REQUIRED TO WORK ON PUBLIC HOLIDAYS AND DID NOT RECEIVE HIS ENTITLEMENTS |
At times the complainant was requested to start before 4am and work for more than 10 hours. |
Notifications of hours not given. |
The complainant never received correct breaks, they applied after 4.5 hours driving only. |
The complainant normally works at least 10 hours a day Monday to Friday and then some Saturdays and Sundays. |
THE COMPLAINANT WAS NOT NOTIFIED OF THE REGULATIONS BY HIS EMPLOYER AS REQUIRED |
See the attached form for details. |
The complainant requested records on 28/7/16 but has not received same |
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Respondent’s Submission and Presentation:
The respondent named on the complaint form is not the employer of the complainant. The correct employer is the respondent named in the associated complaint, Ref. No. ADJ 00003068, which is listed in conjunction with this complaint.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Decision:
On 10 June 2014 the complainant issued with a letter which contained the following information:
“On 30th of June,2014, for restructuring purposes, your employment will be transferred from the Company to X pursuant to the European Communities (Protection of Employees on Transfer of Undertakings) 2003.
Your current terms and conditions of employment will be unaffected. In particular, your continuity of employment is retained, and X will take over your terms and conditions of employment and will carry forward your accrued rights.”
This letter was also printed in the complainant’s native language and signed for by him.
X is the respondent named in Complaint No. ADJ 00003068 which forms part of this hearing.
The clarification as regards the correct employer was accepted by the complainant’s representative. I therefore find that the respondent named in these complaints is not the complainant’s employer and all complaints contained in ADJ 00004630 fail accordingly.
Dated: 12th April 2017