ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00024236

Parties:

	Complainant	Respondent
Anonymised Parties	A Worker	A Building Company

Representatives

Self- Represented

Did not appear

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00030939-009	16/09/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00030939-015	16/09/2019
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012	CA-00030939-016	16/09/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00030939-017	16/09/2019

Date of Adjudication Hearing: 07/11/2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 45A of the Industrial Relations Act, 1946;Section 7 of the Terms of Employment (Information) Act, 1994 and Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The issues in contention concern the rates of pay given to an employee by a Construction Company. The Complainant was a new arrival to Ireland and this had been his first job.

1: Summary of Complainant’s Case:


Act	Complaint/Dispute Reference No.	Summary Complaint
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00030939-009	The Complainant alleged that he was not paid the correct Construction Sector, Employment Regulation Order rate of pay for his position.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00030939-015	No Statement of Terms and Conditions of Employment was ever provided by the Employer.
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012	CA-00030939-016	Claim was withdrawn as, following explanation , it was agreed as not being appropriate to the fixed nature of the employment.
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00030939-017	The Complainant alleged that he was not paid the correct Employment Regulation Order rate of pay for his position. Duplicate of CA - 00030939-009

2: Summary of Respondent’s Case:

The Respondent did not attend the Hearing. No evidence was presented . I was satisfied that proper notice had been served .

3: Findings and Conclusions:

Act	Complaint/Dispute Reference No.	Adjudication Findings and Conclusions.
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00030939-009 The Complainant alleged that he was not paid the correct Employment Regulation Order rate of pay for his position.	The case was marked by a complete absence of any paper work or records. The Complainant had arrived in Ireland, literally off the steps of the aircraft, to take up this position. He maintained that he had received a rate of €11:00 per hour and that the job had lasted for 20 weeks. He had no records of any nature and none were available from the Employer. As a “New Entrant” as defined in the ERO ( S.I. No 455 of 2017) he would have been entitled to a rate of €13.77 per hour. The Complainant came across as a young emigrant to Ireland. He appeared to give evidence of a truthful nature. In a case of this nature the Burden of Proof rests with the Employing Respondent . No evidence was presented. Accordingly, having considered all the available facts , I am awarding the Complainant the difference between the rate he acknowledged he was paid and the ERO rate (€13.77 - €11:00 = €2.77) for a 39-hour week over 20 weeks. €2:77 X 39 = €108.03 X 20 weeks = €2,160.60
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00030939-015 No Statement of Terms and Conditions of Employment was ever provided by the Employer.	An award of €100 is made in favour of the Complainant for breach of this statutory right.
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012	CA-00030939-016	Claim was withdrawn as, following explanation , it was agreed as not being appropriate to the fixed nature of the employment.
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00030939-017	The Complainant alleged that he was not paid the correct Employment Regulation Order rate of pay for his position. Duplicate of CA - 00030939-009 See Award under 00030939-009 set out above.

4: Decision:

Section 41 of the Workplace Relations Act 2015; Section 45A of the Industrial Relations Act, 1946;Section 7 of the Terms of Employment (Information) Act, 1994 and Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

An award of € 2,160.60 under Section 45 A of the Industrial Relations Act, 1946 is made in favour of the Complainant.

A Compensation award of €100 is made under Section 7 of the Terms of Employment (Information) Act, 1994 in favour of the Complainant.

Taxation of the Awards to be considered in conjunction with the Irish Revenue commissioners.

Dated: 29th January 2020

Workplace Relations Commission Adjudication Officer: Michael McEntee

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