ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019442
Parties:
| Complainant | Respondent |
Anonymised Parties | An Enforcement Operative | A Parking Services Company |
Representatives | Self-Represented | Company Managers |
Complaint(s):
Act | Complaint/Dispute 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-00025316-005 | 25/01/2019 |
Date of Adjudication Hearing: 04/04/2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012following 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 issues in contention concern the Working/Break Times of an Enforcement Operative employed by a Parking Services Company. |
1: Summary of Complainant’s Case:
The Complainant alleged that he was denied designated Breaks -i.e. time completely free and off the job. He was instructed to take lunch/refreshments while driving between jobs or whenever he could fit them in between jobs. All requests for Break records, a statutory requirement on his employer, have been ignored. |
2: Summary of Respondent’s Case:
In `opening remarks the Respondent pointed out that Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012was not applicable to this case. The Complainant was not a “Mobile Worker” Notwithstanding the above opening point the Claim was denied in its entirety by the Respondent. The Contract of Employment at Section 8, provided in evidence, provides for Breaks to be taken. The Respondent operates an Electronic/E Mail App system that allows Breaks to be logged. The Complainant was given a high degree of flexibility in the timing of his breaks and no requests made were ever refused. |
3: Findings and Conclusions:
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 provides for “Mobile Workers” -persons providing “mobile road transport activities” i.e. actually driving road transport vehicles either for Goods or Passenger work. The work of the Complainant, after some discussions with the parties and clarification queries from the Adjudication Officer, clearly did not fit into this “Mobile” category. Accordingly, I could not proceed further with Claim under this Statutory instrument. S.I. No36/2012. As a consequence, I had to dismiss the claim as Not Well founded. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Act and Statutory Instrument.
Act | Complaint/Dispute Reference No. | Summary Decision /Please refer to Section Three above for Reasoning. |
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-00025316-005 | Claim is Dismissed as Not Well Founded. SI No 36 of 2012, on which this claim is based, does not apply to the Complainant. |
Dated: 16/05/2019
Workplace Relations Commission Adjudication Officer: Michael McEntee