ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016047
Parties:
| Complainant | Respondent |
Anonymised Parties | A Driver | A Courier Company |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00020767-001 | 24/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00020768-001 | 24/07/2018 |
Date of Adjudication Hearing: 21/11/2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act 2015, these complaints were assigned to me by the Director General. I conducted a hearing on November 21st and gave the parties an opportunity to be heard by me and to present to me evidence relevant to the complaints.
Background:
At the opening of the hearing, the complainant clarified that he was not an employee of the respondent, but a self-employed contractor. He is in dispute with the courier company about the rate paid for certain deliveries, but he accepts that he is employed on his own account and is not a direct employee. I explained to the parties that it is not my role to adjudicate on disputes between businesses and self-employed contractors and that I have no jurisdiction to hear this complaint. |
Decision:
Section 41 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.
As the complaint submitted does not involve a matter between an employer and an employee, and, as the complainant, by his own admission, is a self-employed contractor, I have no jurisdiction to hear this complaint. |
Dated: 13/12/18
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
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