ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017192
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales Rep | Hair & Beauty Supplies Company |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022299-001 | 28/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022299-002 | 28/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022299-003 | 28/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00022299-004 | 28/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00022299-005 | 28/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00022299-006 | 28/09/2018 |
Date of Adjudication Hearing: 05/02/2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 6 of the Payment of Wages Act 1991 and Section 7 of the Terms of Employment (Information) Act 1994 and Section 11 of the Minimum Notice and Terms of Employment Act 1973,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 contends breaches of the legislation in respect of outstanding mileage costs, and changes in terms of employment in relation to mileage. The complaint in respect of minimum notice was withdrawn by the Complainant at the hearing. |
Summary of Complainant’s Case:
The Complainant worked as a sales rep for the respondent from 22 August 2017 until 20 September 2018 when the company closed down. He sought to have mileage payments refunded to him. The amount was €1,995.47 and he has sought on a number of occasions to have this payment made to him. He contends that the respondent was wrong to reduce his mileage in 2018 from 59c per km to 28.46c. He also contends that the respondent acted in breach of the Terms of Employment (Information) Act 1994 by changing the contractual entitlement to 59c per km for the first 6,437 kms. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Decision:
CA-00022299-001
This complaint refers to unpaid mileage which the complainant contends was unlawfully deducted. Section 1 of the Payment of Wages Act 1991 states:
“1 (1) (b) the following payments shall not be regarded as wages for the purposes of this definition :
(i) any payment in respect of expenses incurred by the employee in carrying out his employment”.
As payment for mileage is considered an expense incurred by the employee in carrying out his employment, I find the claim by the complainant is misconceived under the Act and is not well founded.
CA-00022299-002
The complainant withdrew his claim for minimum notice.
CA-00022299-003
This complaint is a duplicate of CA-00022299-001 and is not well founded.
CA-00022299-004
Section 5 of the Terms of Employment (Information) Act 1994 provides where a change is made in the terms and conditions of an employee’s written contract the employee shall be notified as soon as possible thereafter but not later than one month after the change takes place. In this instant case, the complainant was provided with terms including the commitment to pay mileage at 59c for 6,437kms and 28.46c thereafter “in the calendar year”. I note the unilateral change in the complainant’s terms when the respondent proceeded to pay the lower rate at the beginning of 2018. As the “calendar year” is defined as 12 months beginning on 1 January and ending on 31 December, I find that the complainant’s terms of employment were changed without formal notification. I find his complaint to be well founded. In accordance with Section 7 (2) (d) of the Terms of Employment (Information) Act, I require the respondent to pay to the complainant the sum of €500 compensation.
CA-00022299-005
This is a duplicate of CA-00022299-002 which was withdrawn at hearing.
CA-00022299-006
This is a duplicate of CA-00022299-002 which was withdrawn at hearing.
Dated: 21/03/19
Workplace Relations Commission Adjudication Officer: Gaye Cunningham