Worker

Employer

Anonymised Parties

A Worker

A Barber Service

Representatives

Self-represented

Atif Farooq, Accountant

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00003513

24/05/2024

The Worker referred her complaint to the Director General of the WRC on 24 May 2024 pursuant to the Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 which is subject to a separate adjudication decision in ADJ-00051918.  This recommendation should be read in conjunction with the decision in ADJ-00051918.

At the adjudication hearing, it was brought to the Adjudication Officer’s attention that the Worker named an incorrect employer in her complaint referral form. While the Worker was originally employed by Ms A trading as a sole trader, Ms A and her husband Mr B subsequently registered a named limited company ABC Limited of which Ms A became a director. The Employer confirmed that it took over all liabilities arising from the Worker’s employment with Ms A in a sole trader capacity.

The Employer consented to the amendment of the complaint form accordingly and this recommendation reflects the correct name of the Employer.

The Worker said that when she reached retirement age applicable in her country, with the Employer’s agreement, she ceased her employment on 26 October 2021. This was done to allow her to obtain her pension entitlements in her country. The Worker then returned to work on 15 November 2021.

The Worker was diagnosed with cancer in December 2023. When dealing with the Department of Social Protection regarding her benefits while out of work, she realised that the Employer continued to submit her earnings incorrectly which made it appear like she was still working. The Worker asked the accountant to correct the records as she was concerned that it would look like she worked and received the benefits at the same time when this was not the case. The Employer then corrected this but did so in a manner that shows that the Worker worked continuously since 2020. This is of concern to the Worker as the gap in her employment in October/November 2021 is not recorded. The Worker submits that this is an important issue for her, and she needed the record to be corrected. She approached the Employer’s new accountant to do so but nothing has been done.

At the adjudication hearing, the Employer said that a new accountant has been dealing with the Employer’s affairs since January 2024. He had no prior knowledge of the Worker’s difficulties.

In a pre-hearing correspondence, the Employer asserted that the Worker did not have a break in service but she took leave in that period. At the hearing, the Employer accepted that the Worker was not in the Employer’s employment in the period from 26 October 2021 to 15 November 2021. An exchange of text messages in that regard was exhibited. The Employer undertook to engage with the Worker and the relevant authorities and to resolve any errors in her records.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The matter relates to inaccuracies in the Worker’s records that were furnished by the Employer to the relevant authorities such as the Office of the Revenue Commissioners.

At the hearing, the parties were in agreement that the Worker’s service was broken from 26 October 2021 until 15 November 2021. The Employer and the Employer’s accountant undertook to engage with the Worker and relevant authorities in that regard.

I recommend that the Employer engages with the Worker and relevant authorities such as the Office of the Revenue Commissioners with a view to resolving any inaccuracies in the Worker’s records including the break in the Worker’s service with the Employer.

Incorrect records -