ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00015308
Parties:
| Complainant | Respondent |
Anonymised Parties | Health and Safety Director | Company |
Representatives |
| Lisa Conroy Peninsula Group Limited |
Dispute
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00019905-001 | 20/06/2018 |
Date of Adjudication Hearing: 27/09/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 andfollowing the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The Complainant was employed as a Health and Safety Director with the Respondent from 6th December 2016 until the employment terminated on 21st December 2017. Both Parties confirmed that the Complainant was paid €70,000, through the books, and that she was paid €15,000 expenses off the books. This was on average €1500 per month as it had to be less than the agreed €1500 per month The Complainant referred a dispute to the Workplace Relations Commission on 20th June 2018 claiming outstanding payments due of €3235.15. |
Summary of Complainant’s Case:
The Complainant stated that she had incurred €3235.15 expenses from parking, accommodation and meals and equipment and she stated she submitted the request form for this along with receipts where she had them. The Complainant is claiming payment of €3235.15 in outstanding expenses. |
Summary of Respondent’s Case:
The Respondent stated that he had no receipts for any outstanding expenses owed to the Complainant. The Respondent confirmed that the Complainant was provided with a budget of €15,000, and that €6800.00 had been deducted as the Respondent had paid the following for Car Hire for the Complainant – €5000 in Feb 2017 and €700 per month car hire from March to November 2017. The Respondent had also sent an email to the Complainant dated Friday 21st October 2016, prior to the commencement of her employment stating that the salary would be €70,000 plus a €15,000 expense budget towards the use of your car and also including a phone, diesel card, laptop and easy pass tag. The Respondent also stated the Complainant had been paid €1458.00 on 16th June 2017 – €1337.30 on 14th July 2017 , €1197.00 paid on 17th August 2017 and €1337.30 paid on 15th Sept 2017 – giving a total of €12,129,60 paid. |
Findings and Conclusions:
The Complainant is claiming payment for October and November 2017 expenses. At the Hearing the Complainant submitted as evidence an email she stated she sent to the Respondent dated 20th December 2017 setting out her subsistence and expenses sheet. However this could not be opened at the WRC. The Respondent stated he had not been provided with any receipts. I requested the Complainant to forward these post the Hearing. This was not done. Accordingly I can make no finding or Recommendation in relation to this dispute as I cannot ascertain what expenses, if any may be owed to the Complainant. |
RECOMMENDTAION:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
In accordance with Section 13 of the Act I find that the Complainant has not provided the necessary and requested evidence to support her complaint, therefore I cannot issue a Recommendation in favour of the Complainant in the absence of this evidence. |
Dated: 5th March 2019
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Expenses not paid – no evidence provided – Recommendation not in favour of the Complainant due to the lack of supporting evidence. |