ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020141
Parties:
| Complainant | Respondent |
Anonymised Parties | A Bar Tender | A Bar |
Complaint:
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 ss) Regulations 2012 - S.I. No. 36/2012 | CA-00026145-008 | 07/02/2019 |
Date of Adjudication Hearing: 01/05/2019
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant commenced employment on 15th September 2018 and ceased employment on 1st January 2019. He claims that the employer did not keep statutory employment records. |
Summary of Complainant’s Case:
The complainant detailed that he did not know if his employer kept appropriate accurate records during his employment. The complainant advised that while deductions were made from his pay, he did not know whether such deductions were for the purpose of revenue.
The complainant confirmed that he is not a Person Performing Mobile Road Transport Activities. |
Summary of Respondent’s Case:
The respondent did not attend. The Respondent did not engage with the Workplace Relations Commission in relation to the complaint. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing, and in the circumstances, I find that their non-attendance without any acceptable explanation to be unexplained in the circumstances. |
Findings and Conclusions:
Section 3 of SI 36/2012 details “These Regulations apply to (a) mobile workers who are employed by or who do work for one or more undertakings established in a Member State, and (b) self-employed drivers participating in road transport activities to which either the Council Regulation or the AETR applies.” The complainant confirmed that he is not a person performing mobile road transport activities. I find the Complainant is not a mobile worked as defined under the legislation and therefore this complaint is misconceived and is therefore, unfounded. |
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.
I find that the complaint is not well founded. |
Dated: 7th June 2019
Workplace Relations Commission Adjudication Officer: Louise Boyle