ADJ-00004141

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004141

Complaint for Resolution:  

Date of Adjudication Hearing: 13/01/2017

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly 

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.

Attendance at Hearing: 

Complainant's Submissions:

The complainant stated that his employer has failed to notify him of the provisions of regulation 11 of S.I. No.36 of 2012.

Respondent’s Submissions

On receipt of the complaint and following a discussion with the Road Safety Authority (RSA) the company has taken the very positive and proactive position of included reference to the Statutory Instrument in the new Driver’s Handbook for 2017 and well as making reference to it in all induction and refresher CPC course for 2017.

Decision:

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

Section 11 “An employer of a mobile worker shall notify the worker of the provisions of these Regulations and the provisions of any collective agreement, employment regulation order or registered employment agreement which is capable of application to that worker and keep available for inspection at all reasonable times a copy of these Regulations and any applicable employment regulation order or registered employment agreement”

18. (1)” A mobile worker (or, in the case of a mobile worker who has not reached the age of 18 years, the mobile worker’s parent or guardian with his or her consent) or, with the consent of the mobile worker, a trade union of which the mobile worker is a member may present a complaint to a rights commissioner that the mobile worker’s employer has contravened Regulation 5, 8, 10, 11 or 12 in relation to the mobile worker.”

(2) Where a complaint is presented under subparagraph (1) the rights commissioner shall—

(a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

(b) give a decision in writing in relation to it, and

(c) communicate the decision to the parties concerned.

(3) A decision of a rights commissioner under paragraph (2) shall do one or more of the following:

(a) declare that the complaint was or was not well founded;

(b) require the employer to comply with the provisions of these Regulations that have been contravened;

(c) require the employer to pay the mobile worker compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the mobile worker’s employment (calculated in accordance with requirements under section 17 of the Unfair Dismissals Act 1977 );

I am satisfied that the respondent failed in its obligations pursuant to Section 11 of the Regulation. I am also satisfied that the respondent has taken appropriate steps to rectify the situation going forward. In circumstances where the complainant states that the only breach was the respondent’s failure to give him a copy of the regulation I make no award.

Dated: 15 February 2017