ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00006454

Complaint for Resolution:

Date of Adjudication Hearing: 03/03/2017

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 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.

Complainant’s Submission and Presentation:

The complainant was employed as a service engineer by the respondent and had extensive driving duties.

He had an agreement with his employer that fuel expenses would be reimbursed to him and this was done until a point about two weeks before the ending of the employment relationship when for some reason not known to him this arrangement was terminated.

The vehicle he was supplied with was defective and on one occasion when it had broken down he returned home but was instructed to undertake another call which he declined to do.

The employment relationship ended at that point, and was acrimonious but that is not a matter for decision in this case.

While the complainant’s case was that his terms of employment had been changed in fact it emerged in the course of the hearing that he had not been given a statement as is required by the Terms of Employment (Information) Act 1994 within two months of commencement of employment.

Respondent’s Submission and Presentation:

The respondent did not attend but in earlier correspondence had said that he declined to pay ‘un-vouched expenses’ only.

Findings and Conclusions

Strictly speaking the detailed matter submitted by the complainant does not fall within the jurisdiction of the relevant act, paradoxically because the respondent had never complied with the requirements of that Act.

The notice to the respondent of the hearing stated clearly that he was being invited to answer a complaint under the Act yet he declined or failed to attend. He had engaged in correspondence with the Commission on the matter.

I accept the complainant’s evidence that he was not provided with the statement as required by law and I make my decision on that point accordingly.

Decision:

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

I uphold CA-00008866-001 on the basis that the respondent did not comply with the requirement to provide the complainant with a statement of his terms of employment as required by the Terms of Employment (Information) Act 1994 and I award him €750.

Dated:   27^th April 2017