ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005243

Complaints for Resolution:

Date of Adjudication Hearing: 30/03/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Location of Hearing:Lansdowne House, Dublin 4

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. 

The Complainant was employed from 16^th May 2016 until he terminated the employment on 30^th September 2016. The Complainant stated he was paid cash of €400.00 to €420.00 each week. The Complainant referred a complaint to the Workplace Relations Commission on 3^rd October 2016 alleging the Respondent had breached the Terms of Employment (Information) Act, 1994 in that he was not provided with a written statement of his Terms and Conditions of Employment and a complaint under S.I. 36 of 2012 in relation to records

Summary of Complainant’s Submission

Summary of Respondent’s Submission

Terms of Employment (Information) Act, 1994. The Respondent stated that the Complainant had been informed verbally of his duties and these had been agreed mutually between the Respondent and the Complainant. This passes as Terms of Employment

The Respondent stated that the Complainant commenced employment each day between 7am and 8am. He had the delivery van at home and he drove to and from his home. The Respondent stated there was a tracking device installed in June 2016 which records the start, stop and finish times. The Respondent was requested to forward details of this information post the Hearing but did not do so.

Terms of Employment (Information) Act, 1994 On the basis of the evidence from both Parties I find that the Respondent did not provide the Complainant with a written statement of his Terms and Conditions of Employment within two months of the commencement of the employment in May 2016 as required by Section 3 of the Act

 Regulation 12 of this Statutory Instrument provides as follows – Obligation on Employer. An Employer shall do each of the following in relation to each mobile worker employed by him or her (a) maintain a record of the working pattern of the mobile worker in relation to driving, other work, breaks, Daily and weekly rest periods and periods of availability. The evidence from the Respondent was that a tracking device had been installed in the delivery van of the Complainant which the Respondent stated recorded start, stop/breaks and finish times. The Respondent was requested to forward this information but did not do so. I find that this complaint is well founded.

Decision:

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

Terms of Employment (Information) Act, 1994 CA-00007310-003

Section 3 of the Act requires that an Employer must provide an employee with a written statement of Terms and Conditions of Employment within two months of the commencement of the employment. The Complainant was not provided with this statement. In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant compensation of €400.00 within 42 days of the date of this Decision.

Regulation 12 of this Statutory Instrument provides that an Employer must keep records of hours worked, breaks and availability. The Respondent did not provide these records either at the Hearing or post the Hearing. In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant compensation of €500.00 within 42 days of the date of this Decision

Dated: 16/06/2017

Rosaleen Glackin Adjudication Officer