ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00012442
Parties:
| Complainant | Respondent |
Anonymised Parties | A lorry driver | A haulage provider |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00016378-006 | 18/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00016378-007 | 18/12/2017 |
Date of Adjudication Hearing: 15/03/2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 18th December 2017, the complainant referred complaints to the Workplace Relations Commission pursuant to the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Road Transport Activities), 2012. The complaints were scheduled for adjudication on the 15th March 2018.
At the outset of the adjudication, it became apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication. I waited some time to accommodate a late arrival. Having taken these steps, I proceeded with the adjudication in the absence of the respondent.
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The complainant worked as a lorry driver for the respondent haulage provider between the 7th May and the 3rd July 2017. |
Summary of Complainant’s Case:
The complainant started on the 7th May and left on the 3rd July 2017. He was promised €120 a day after tax. He was promised that the working hours would be eight hours a day. Any additional hours would be agreed before he had to drive the truck. The respondent pushed him to do more and more hours. He wanted to keep the job and did what he was asked to. He received no pay slips and wanted to make sure he was registered. The complainant was paid cash in hand. He raised this issue and was pushed to different people in management. When he complained, they stopped paying him, so he left. The complainant is owed €1,650 net in pay.
The complainant outlined that he worked excessive night hours in breach of the 2012 Regulations. He was also not notified of the 2012 Regulations. The complainant worked excessive night hours when he worked from 10pm to 10am or 11am the next day. The maximum is eight hours. This was driving and loading the truck. He did this seven days a week. These hours were the target and he had to work excessive hours to cover other drivers who walked off the job.
The complainant worked 25 nights where he worked over eight hours. The respondent said that the complainant would not be paid for anything more than eight hours. He also worked days as well as the 25 nights. |
Summary of Respondent’s Case:
There was no evidence or submissions tendered for the respondent. |
Findings and Conclusions:
The complainant worked for the respondent for a brief time in 2017. His uncontradicted evidence was that he was required to drive a truck in breach of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Road Transport Activities), 2012. This included 25 occasions when he was required to work excessive hours overnight. He was also not notified of the Regulations, as required by Regulation 11. It follows that the complaints are well founded.
In assessing redress, I note the importance of rest for truck drivers. In Mark Lonergan Transport Ltd vHouston (RTD182), the Labour Court held “The importance of properly rested drivers of heavy goods vehicles cannot be overstated. Drivers are entitled to a work environment in which their health and safety is protected so as to ensure that the quality of their lives is not compromised by excessive work demands that undermine it over time. Furthermore drivers, other road users and the general public are put at grave risk of injury and indeed death where accidents happen as a result of driver fatigue. It is to protect against such consequences that the European Union has enacted these regulations. Breaches of the regulations therefore cannot be treated lightly.” Applying this to the instant case, I note the extent of excessive night work: 25 occasions over two months. I, therefore, award redress of €4,000 for excessive night work in breach of Regulation 10 (CA-00016378-006).
I note that in Dualway Group v Healy (RTD 171), the Labour Court awarded a driver €1,500 for a breach of Regulation 11. I make the same award in this case (CA-00016378-007). |
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.
CA-00016378-006 I find that the complaint made pursuant to the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Road Transport Activities), 2012 for excessive night work is well founded and the respondent shall pay to the complainant redress of €4,000.
CA-00016378-007 I find that the complaint made pursuant to the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Road Transport Activities), 2012 for a breach of Regulation 11 is well founded and the respondent shall pay to the complainant redress of €1,500.
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Dated: 4th September 2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
European Communities (Road Transport) (Organisation of Working Time of Persons Performing Road Transport Activities), 2012 Regulation 10 / night work Regulation 11 / notification |