ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00006929

Parties:

Complainant     Anonymised Parties    Respondent

Driver                                                   Service Company  

Representatives   Did not attend

Complaint(s):

ActComplaint/Dispute            Reference No.          Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 CA-00009362-001 27/01/2017 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00009794-001 18/02/2017 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00009794-002 18/02/2017 Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00009794-003 18/02/2017 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00009794-004 18/02/2017 Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 CA-00009794-005 18/02/2017 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00009794-006 18/02/2017 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00009794-007 18/02/2017 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00009794-008 18/02/2017 Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 CA-00009794-009 18/02/2017 Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 CA-00009794-010 18/02/2017  

Date of Adjudication Hearing: 18/10/2017 Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015, Section 8 of the Unfair Dismissals Acts, 1977 - 2015, section 27 of the Organisation of Working Time Act 1997, Terms of Employment (Information) Act 1994, Minimum Notice & Terms of employment Act 1973, section 28 of the Safety, Health & Welfare at Work Act 2005, and or section 14 of the Protection of Employees (Fixed Term Work) Act 2003 ] 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 under various Acts (see above). The Claim under the Protection of Employees (Fixed Term Work) Act was withdrawn.

Summary of Complainant’s Case:

The Claimant outlined his working career with the Respondent since October 2011 until January 2017. The Claimant handed in his notice on 19 September 2016 which the Respondent refused to accept. He had a meeting with the Respondent in December about the situation. However, he did not receive any more work and was removed from the schedule. The Claimant claims that he did not receive proper breaks and worked excessive hours. He claimed that his contract did not comply with section 3 of the Terms of employment (Information) Act. He claims that he did not receive his notice entitlement. He also claimed that he raised a number of safety issues in September/October 2016 but they were not dealt with. He is claiming an entitlement to holidays and public holidays    

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.   I have considered the Claimant’s submission and have made the following decisions; Under CA-93362-001 The Claimant confirmed to the Hearing that he submitted his resignation on 19 September 2016 which was not accepted by the Respondent at the time. From the evidence submitted by the Claimant it is unclear that an actual dismissal took place after that event. I therefore do not find the claim for unfair dismissal well founded and it fails. Under CA-9794-001 In regard to not receiving proper breaks, in the absence of any evidence from the Respondent I accept the Claimant statement. However, as he lodged his claim on 27 January 2017 I am restricted by the time limit of six months under section 27(2) of the Organisation Of Working Time Act. I award €500.00 Under CA-9794-002 In the absence of any evidence from the Respondent I accept the Claimant case on excessive hours. However, I am restricted to time limits as above and award €500.00 Under CA-9794-003 I have examined the Claimant contact as submitted by him I not accept that does not comply with the Terms of Employment (Information) Act. Therefore, it fails. Under CA-9794-004 This is a duplication of the claim made in CA-9794-001 Under CA-9794-005 As I do not accept that a dismissal took place, the claim for notice fails. Under CA09794-006 In regard to notice of starting and finishing times one again I am restricted by time limits. I award €500.00. Under CA-9794-007 For lack of notice of additional hours, I award €300.00 Under CA-97904-008 For non-payment of 25% for a zero hours’ contract, there was not sufficient evidence presented for this claim to succeed. It therefore fails. Under CA-9794-009 There is a lack of specific acts of penalisation for raising safety issues presented. Therefore, it fails. I award a total of€1,300.00  

Dated:   26th January 2018         Workplace Relations Commission Adjudication Officer: John Tierney

Key Words: Dismissal, rest breaks,