ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00020447

Parties:

	Complainant	Respondent
Anonymised Parties	A Storeman	A Building Supplies Company

Representatives

Self-Represented

Company Manager

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00027022-002	13/03/2019
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-00027022-003	13/03/2019

Date of Adjudication Hearing: 20/05/2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 7 of the Terms of Employment (Information) Act, 1994 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. 36/2012 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).

It was accepted at the opening of the Oral Hearing that the wrong Respondent and incorrect legislation had been listed by the Complainant. The claim had to be set aside on these grounds.

Background:

The issues concern difficulties with Holiday and Notice Pay.

1: Summary of Complainant’s Case:

No evidence presented -see Procedural Section above

2: Summary of Respondent’s Case:

No rebuttal required.

3: Findings and Conclusions:

Claim cannot proceed as it is accepted that the wrong Respondent is listed. Claim is, accordingly, Not Well Founded.

4: Decision:

Section 41 of the Workplace Relations Act 2015; Section 7 of the Terms of Employment (Information) Act, 1994 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. 36/2012 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Summary Decision /Please refer to Section three above for reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00027022-002	Claim is not Well Founded. Wrong Respondent. Claim is dismissed.
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-00027022-003	Claim is not Well Founded. Wrong Legislation. Claim is dismissed.

Dated: 15 August 2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

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