Complainant

Respondent

Parties

Janos  Meszaros

Martin Walsh Bread Agent

Complainant

Respondent

Anonymised Parties

{text}

{text}

Representatives

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-00055994-001

10/04/2023

The Complainant alleges that the Respondent unlawfully deducted monies from wages due to him. The Respondent contests the allegation stating that he is not the Complainant’s employer.

Janos  Meszaros, took the affirmation and gave his evidence as follows:

The Respondent is an agent for a bakery called Gallaghers. In or around February 2023 he spoke to the Complainant and after many discussions he convinced him to leave his full- time job and work for the same bakery as him, delivering bread around to Country to different shops.  He started on the 27th January 2023. He did receive training on his commencement.  He was promised a contract which he was told would set out all of this terms and conditions of employment. He worked Monday to Saturday starting at 5am and finishing around 6pm. He delivered bread to Waterford, Wicklow Carlow Wexford and Kilkenny. He made several enquires about his terms and conditions and about payment but no information was forthcoming.  On the 06.03. 2023 he had a conversation with Mr. Walsh on the phone about his pay. The Mr. Walsh told him that he would come to Portlaoise on the 7th and he would go over all the payment details and show him how to submit invoices.  That never happened.

The Complainant states that it was Mr Walsh gave him the work and not the Gallaghers. He didn’t know anyone from the Gallaghers until the Manager came down to train him. He asked the manager about the paperwork, and they said it had nothing to do with them to take it up with Mr. Walsh. The Managers show him how to do the invoices and the various unit prices per items delivered. They gave him an envelope and he was to post it to them. He did that, but they haven’t paid him.

The Complainant said that he has no problem with Mr. Walsh, he did lend him money at the start and he has to pay that back but he can’t understand why he hasn’t been paid.

Martin Walsh, took the affirmation and gave his evidence as follows:

When Mr. Walsh met the Complainant, he was working as a car washer on the long mile road. He was fired. Mr. Martin gave him some work washing his vehicle. He was a good worker. An opportunity arose to become a bread agent. He would have been self -employed. He started off training in Dublin one night a week. A man in his area was retiring and Mr. Walsh told him about it. Once he had finished his training, Gallaghers sent out one of their area managers to assess him for two weeks to make sure he was fully trained. Once fully trained he started to deliver on the 18th March. Gallaghers were responsible for his pay. He would have been paid for each unit he delivered. Each unit, depending on what it is, attract a different commission. Each agent fills out their invoices and sends them to Gallaghers. Payment is processed once the invoices are received and approved.

Because he had to do some training and the company only pay on week three for the week one. Mr Walsh gave him €500 at the start to get him going. He said he would pay him back as soon as he was getting his commission. He also lent him a van for a few weeks. The long-term plan was that he would pay him for the use of the van when he started to get paid.  

The Complainant states in evidence that it was Mr. Walsh who owed him the money for the work that he did delivering bread around the Country for Gallaghers. He formed that belief, based on the fact that it was Mr. Walsh who told him about the job. However, he did admit that when the Area Manager came down to review his training, he did show him how to do the invoicing and he gave him envelopes to post the invoices to Gallaghers. Mr. Walsh stated that all of the drivers for Gallaghers are self -employed. Once the invoices are submitted and reviewed, it is Gallaghers who make the payments.

I am satisfied that Mr. Walsh did not employ the Complainant. I am further satisfied based on both the Complainant’s evidence and the Respondent’s evidence that Mr. Walsh is not responsible for making payments to the Complainant. It is on that basis that I find that the complaint is not well founded and accordingly fails.

The complaint is not well founded and accordingly fails.

Unlawful deduction. Self Employed. Agent.