ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004996

Parties:

	Complainant	Respondent
Anonymised Parties	Delivery Driver	Wholesale & Retail Trader

Representatives

Richard Lee Lee Solicitors

Did Not Attend

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-00007076-001	19/09/2016
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-00007076-002	19/09/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00007076-003	19/09/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00007076-005	19/09/2016

Date of Adjudication Hearing: 27/02/2017

Workplace Relations Commission Adjudication Officer: John Tierney

Location of Hearing: Room G.04 Lansdowne House

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] 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).

Background:

The Claimant has made multiple claims. He was employed as a delivery driver by the Respondent from April 2015 until June 2016.

Summary of Complainant’s Case:

The Claimant made the following complaints in regard to his employment with the Respondent;

He did not received a statement in writing of his terms of employment
He was not notified of the working hours regulation applying to the road transport section.
He did not receive paid holidays/annual leave entitlement
He did not receive his statutory minimum period of notice on the termination of employment .

Summary of Respondent’s Case:

There was an unexplained absence of the Respondent.

Decision:

Section 41 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.

As there was an unexplained absence of the Respondent I accept the uncontested evidence presented on behalf of the Claimant. I find the claims well founded and make the following awards;

CA- 7076-001

I award €756.00 for not receiving a written contract

CA-7076-002

I award €500.00 for not being notified if Regulation 18 of EC (Road Trans[port)(OWT of Persons Performing Mobile Road Transport Actives).

CA-7076-003

I award €1,000.00 in compensation for non-payment of annual leave.

CA-7076-004

I award €189.00 for minimum notice.

I award a total of €2,445.00

Dated: 12^th June 2017

Workplace Relations Commission Adjudication Officer: John Tierney

Key Words: