ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025121
Parties:
| Complainant | Respondent |
Anonymised Parties | Driver | Transport Company |
Representatives | Self represented | Breda Doherty |
Complaint:
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-00031897-001 | 30/10/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00031897-003 | 30/10/2019 |
Date of Adjudication Hearing: 22/01/2020
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 27 of the Organisation of Working Time Act 1997, 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 he was not paid wages or holiday pay while in the employment of the Respondent. |
Summary of Complainant’s Case:
The Complainant stated that he came to Ireland from Poland to work for the Respondent as a Truck Driver. He commenced employment on 26th August 2019 and the employment ended on 27th September 2019. He stated that he was recruited over the internet and was to receive €600 per week. He was given no wages, save for a €50 ‘loan’ which he needed for basic food requirements. |
Summary of Respondent’s Case:
The Respondent stated that the Complainant responded to an ad they had on the internet, and he had no relevant experience for driving heavy goods vehicles. After he had approached them many times looking for work, they decided to give him a chance. The Complainant had no experience of driving HGVs and three other drivers who brought him out on training considered him a danger. The Respondent therefore could not employ him and the owner of the business made enquiries for him for other employment where he could drive smaller trucks/vans. |
Findings and Conclusions:
CA-00031897-001 Payment of Wages Act 1991 |
Based on the evidence and submissions I find that the Complainant worked for the Respondent from 26th August 2019 to in or around 25th September 2019. I find that the Respondent has unlawfully withheld the wages properly payable to the Complainant and I require the Respondent to pay to the Complainant the sum of €2,156 being the value of 22 working days @ €98 per day. I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €2,156. CA-00031897-002 Organisation of Working Time Act 1997 At the time of the termination of the Complainant’s employment I find that he would have accrued 2 days annual leave and the value of the leave is €196. I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €196. |
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Decision:
CA-00031897-001 Payment of Wages Act 1991 |
I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €2,156. CA-00031897-002 Organisation of Working Time Act 1997 I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €196.
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Dated: 21st August 2020
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Payment of wages, complaint well founded |