ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00002518

Complaint(s):

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-00003506-011	24/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00003506-012	24/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00003506-013	24/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00003506-014	24/03/2016

Date of Adjudication Hearing: 04/04/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 11 of the Minimum Notice & Terms of Employment Act, 1973 and Section 7 of the Terms of Employment (Information) Act, 1994 and Section 8 of the Unfair Dismissals Act, 1977 and 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).

Summary of Complainant’s Case:


Act	Complaint/Dispute Reference No.	Nature of Complaint and Summary Arguments.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00003506-011	Did not receive a Statement in Writing of my T and Cs of Employment
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00003506-012	Not Notified in Writing of a change to my T and Cs of Employment
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00003506-013	Conduct of my Employer was such that I had to leave – Constructive Dismissal
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00003506-014	I did not receive my Minimum Notice as required by law.

The Complainant supplemented the above details by oral evidence.

Summary of Respondent’s Case: For all the above listed complaints.

The Complainant was not an employee – “of service” for the Respondent. He was, at best, engaged as a self-employed Delivery Driver by the previous owner. On the TUPE of the Business to the present owner the Complainant was not listed as an employee of the previous owner. He did not appear on any PAYE or Revenue documentation relating to the business.

Oral evidence was given in support of the case by the Respondent’s Representative and Accountant.

Findings and Conclusions:

On reviewing the evidence, both oral and written, I came to the conclusion that the Complainant was not an employee, as required and defined by the cited Acts, of the Respondent.

The Oral evidence from the Complainant clearly pointed to a very loose relationship based on a Food Delivery fee of €2:00 per delivery. The fee was added to the food price for the delivery and retained by the driver. There was no evidence of an “of service” employment relationship. The Complainant was not listed as an employee on any official records.

Accordingly the claim is dismissed.

Decision:

Section 41 of the Workplace Relations Act and Section 11 of the Minimum Notice & Terms of Employment Act, 1973 and Section 7 of the Terms of Employment (Information) Act, 1994 and Section 8 of the Unfair Dismissals Act, 1977 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.


Act	Complaint/Dispute Reference No.	Decision
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00003506-011	Complainant did not qualify as an employee –claim dismissed.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00003506-012	Complainant did not qualify as an employee –claim dismissed.
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00003506-013	Complainant did not qualify as an employee –claim dismissed.
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00003506-014	Complainant did not qualify as an employee –claim dismissed.

Dated: 15^th June 2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

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