FULL RECOMMENDATION
SECTION 19, EUROPEAN COMMUNITIES (ROAD TRANSPORT) (ORGANISATION OF WORKING TIME OF PERSONS PERFORMING MOBILE ROAD TRANSPORT ACTIVITIES) REGULATIONS, 2012 - 2015 PARTIES : DFS TRADING LIMITED (REPRESENTED BY MARY PAULA GUINNESS, B.L., INSTRUCTED BY EVERSHEDS SOLICITORS) - AND - WIKTOR GLOGIEWICZ (REPRESENTED BY BLAZEJ NOWAK) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Treacy |
1. An appeal of an Adjudication Officer's Decision no ADJ-00009849.
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 6thJune 2018. A Labour Court hearing took place on the 19thOctober 2018. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Mr Wiktor Glogiewicz of an Adjudication Officer’s Decision ADJ-00009849, CA-00012904-014 which found against his claims which was taken under European Communities (Road Transport) Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 S.I. No. 36/2012 (the Regulations). The Adjudication Officer found against his claim under the Regulations.
The Court is satisfied that there is a valid appeal before the Court.
For ease of reference the parties are given the same designations as they had at first instance. Hence Mr Wiktor Glogiewicz will be referred to as “the Complainant” and DFS Trading Limited will be referred to as “the Respondent”.
The Complainant referred his claim under the Act to the Workplace Relations Commission on 23rdJuly 2017.
Background
The Complainant commenced employment with the Respondent on 14thJune 2016 as a driver helper and subsequently became a HGV driver/helper. The Complainant’s employment terminated on 2ndJuly 2017. His basic annual salary was €25,419.68.
Summary of the Complainant’s Case
Mr Blazej Nowak on behalf of the Complainant submitted that the Respondent failed to properly notify the Complainant of his rights under the Regulations. In his written submission to the Court, Mr Nowak stated that the claim depends on the outcome of the Complainant’s case on appeal under the National Minimum Wage Act 2000.
Summary of the Respondent’s Position
Ms Mary Paula Guinness, B.L., instructed by Eversheds Solicitors on behalf of the Respondent denied that the Respondent was in breach of the Regulations. She said that the Regulations were provided on a notice board in the Complainant’s place of work (details were supplied to the Court) and as a professional driver with a CPC licence and training, this was covered in training.
The Law
Section 11 of the Regulations places a clear obligation on an employer to notify a mobile worker of the “provisions of these Regulations”. A failure to do so amounts to an offence under Regulation 17(1) of S.I. 36 of 2012.
Findings and Conclusions of the Court
Having considered the submissions made by both parties, the Court notes that at the hearing before the Adjudication Officer, the Complainant’s representative accepted that the Complainant was aware of the Regulations through the training he received from the Respondent. On that basis and on the evidence produced to the Court by the Respondent, the Court is satisfied that the Respondent was not in breach of Section 11 of the Regulations.
Determination
The Court upholds the Decisions of the Adjudication Officer and dismisses the appeals.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
9 November, 2018Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.