ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003005
Complaint(s)/Dispute(s) 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-00003924-001 | 18/04/2016 |
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-00003924-002 | 18/04/2016 |
Date of Adjudication Hearing: 10/08/2016
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Act and Regulations following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
CA-00003924-001 The complainant is a bricklayer who worked for the respondent in the period April 2015 to March 2016. He was paid €525 net per week. He submits that he did not receive written terms and conditions of employment in breach of s. 3 of the Act.
Respondent’s Submission and Presentation:
CA-00003924-001 The respondent accepts that no written terms and conditions were provided but that a verbal agreement in respect of terms and conditions prevailed. He submits that the complainant had worked for him on a number of occasions in the past.
Decision:
CA-00003924-0001 I find that the complaint is well founded and hereby require that the respondent pay the complainant €525 (say five hundred and twenty five euro) net in compensation for breach of s. 3 of the Act.
CA-003924-0002 I find that the complaint is misconceived under the regulations as the complainant is not a mobile worker and that therefore it is not well founded.
Dated: 24/01/2017