ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046494
Parties:
| Complainant | Respondent |
Parties | Shane Guilfoyle | Anglo Irish Refrigeration |
Representatives |
| Peninsula Business Services |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00057341-002 | 24/06/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00057341-003 | 24/06/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00057348-002 | 26/06/2023 |
Date of Adjudication Hearing: 06/02/2024
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 was employed by the respondent as an engineer. His employment ended on January 25th, 2023. There were two hearings of this, and related complaints on February 6th and April 10th, 2024. Both hearings were online. Thee parties were also facilitated with the opportunity to make submissions following each hearing and they did so. |
Summary of Complainant’s Case:
CA-00057341-002 was a complaint that the complainant did not receive daily meal allowance of €13. No dates or details were provided.
CA-00057341-003 was a complaint related to the reimbursement of expenses.
While attending a late-night emergency call in Bunclody, Co Wexford his work phone fell off the top of a cold room and hit the floor and broke. He had to pay to get it repaired, but the respondent refused to reimburse him for the phone repair and overnight stay.
Complaint CA-00057348-002 under the Payment of Wages Act was withdrawn at the first hearing as it was a duplicate of CA-00057066-002 which was heard and decided as part of ADJ-00045471. |
Summary of Respondent’s Case:
The respondent denied all claims and complained about the lack of supporting detail. It notes that one of the complaints, CA-00058431-003 falls outside the cognisable period. |
Findings and Conclusions:
The complainant submitted fifteen complaints to the WRC, twelve of which were dealt with under ADJ 45471 and a comprehensive account of the events giving rise to the main complaints, which included the complainant’s dismissal, may be found in that decision.
The first twelve complaints were submitted on April 24th, 2023, and those arising under this referral on June 10th, 2023. There were two hearings, necessitated in large measure by the complainant’s failure to provided accompanying detail about his complaints.
He was facilitated with an adjournment on two occasions to provide addition detail and he did so in respect of most of the complaints arising under ADJ 45471, however no detail was received in respect of CA-00057341-002 and as the complainant has failed to make his case I conclude therefore that the complaint is not well founded.
The events referred to in CA-00057341-002 occurred on July 27th 2022; well outside the cognisable period which ran from December 11th 2022. Accordingly, it is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint) in accordance with the relevant redress provisions under Schedule 6 of that Act.
For the reasons set out neither complaints CA-00057341-002 nor 003 are well founded. Complaint CA-00057348 was withdrawn. |
Dated: 11th June 2024.
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Payment of Wages |