ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | A Maintenance Operative | A Property Maintenance Company |
Complaint:
Act | Dispute Reference No. | Date of Receipt |
CA-00028783-002 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following 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.
Summary of Complainant’s Case:
The complainant had been employed by the respondent between February 2018 and the beginning of May 2019. He had the use of a company vehicle and following the termination of his employment he submitted receipts in respect of parking costs incurred in the course of his work. In the ast such expenses had always been reimbursed by the respondent, but they have not been in respect of this claim. The total amount outstanding in respect of the period January to May 2019 is €70.00. |
Summary of Respondent’s Case:
The respondent did not attend the hearing and no explanation was received for its failure to do so. |
Findings and Conclusions:
This is a simple matter. While the amount is relatively small it is quite clearly a business expense incurred wholly in connection with the conduct of the respondent’s business. Also, there was a well-established procedure for reimbursement which does not fall with the termination of the complainant’s employment and the complainant is owed the amount claimed. The failure by the respondent to make the payment is without justification and the complainant should not have been required to seek the assistance of the WRC to secure payment of the small amount due to him. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I uphold complaint CA-00028783-002 and recommend payment of €70.00 to the complainant. I recommend the further payment of €350 to the complainant to compensate him for the inconvenience of having to pursue through the WRC a reimbursement to which he was fully entitled as a matter of right. |
Dated: 26/09/2019
Workplace Relations Commission Adjudication Officer:
Key Words:
Payment of expenses |