ADJUDICATION OFFICER DECISION

A Driver –V- a Transport Business

Adjudication Decision Reference: ADJ-00004763

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 13/02/2017

Workplace Relations Commission Adjudication Officer: Gerry Rooney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and section 27 of the Organisation of Working Time Act 1997, 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.

Complainant’s Submission and Presentation:

The Complainant, a Driver who was rostered for night work, was employed by the Respondent from 30 August 2015 to 10 August 2016. Whilst his written complaint referred to his work relating to night shifts as a Lorry Driver where he alleged he did not get 11 hours break between shifts, he complained at the hearing that his complaint referred to his payment of wages where he maintained he was not paid a fair rate of pay for his work compared to other employees who did not work night shift.

The Complainant acknowledged at the hearing that he did not have a complaint regarding his rest breaks.

Respondent’s Submission and Presentation:

The Respondent objected to the verbal complaint that was made at the hearing. The Respondent argued that as the complaint that was raised at the hearing was not the complaint on the form submitted to the WRC it should not be heard. The Respondent argued that the verbal complaint was a new complaint and it was also out of time to be heard.

Decision:

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

Having heard the submissions from both parties I find that the complaint presented at the hearing was different to the complaint raised in the Complaint Form. In addition the Complainant acknowledged that he did not have a complaint regarding his rest breaks which was the complaint as laid out in the complaint form.

I therefore find the complaint before the Adjudication Hearing fails, and I am precluded from hearing any other complaint.

Dated:   17^th May 2017