ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048092
Parties:
| Complainant | Respondent |
Parties | Roman Berezovskis | Lawless Aggregate Ltd |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | ÁIne Feeney SIPTU | The respondent did not attend and was not represented at the hearing |
Complaint(s):
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-00058998-001 | 25/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00058998-002 | 25/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00058998-003 | 25/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00058998-004 | 25/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00058998-005 | 25/09/2023 |
Date of Adjudication Hearing: 25/03/2024
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 7 of the Terms of Employment (Information Act , 1994 and/or Section 6 of the Payment of Wages Act 1991 , Industrial Relations Acts 1969] 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 claimant was employed as a Driver with the respondent for a period of 10 weeks commencing on the 8th.May 2023.It was submitted by his representative that the respondent was in breach of the Terms of Employment (Information) Act 1994 for failing to furnish him with a statement in writing of the terms of his employment .It was further submitted that the respondent was in breach of the Payment of Wages Act 1991 for failing to pay him outstanding wages and failing to pay him outstanding holiday pay. It was submitted that the respondent was in breach of the Payment of Wages Act for failing to recoup money paid by the claimant for fuel for his work vehicle.
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Summary of Complainant’s Case:
It was submitted that the respondent was in breach of the Terms of Employment (Information ) Act 1994 for failing to furnish the claimant – despite repeated requests for same – with a written statement of his terms of employment. It was submitted that the respondent was in breach of the Payment of Wages Act 1991 for failing to pay the claimant outstanding wages amounting to €978.72 due on the 7.07.2023 , for failing to pay him outstanding wages of €783.71 due on the 14.07.2023 , for failing to pay him outstanding holiday pay on termination of his employment amounting to €626.97 .It was submitted that the non payment of these monies constituted an illegal deduction under the Act and the provisions of John Griimes v Iarnrod Eireann /Irish Rail PW 3/39 and Reeves v Lake Regional Medical Ltd.PW 21/87 were invoked in support of these arguments. It was further submitted that the respondent was in breach of the Act for failing to recoup to the claimant €60 for payment for fuel for his vehicle while working. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing |
Findings and Conclusions:
CA-00058998-004
Section 1 of the Payment of Wages Act 1991 sets out the definition of wages and provides that “the following payments shall not be regarded as wages “.. (i) Any payment in respect of expenses incurred by the employee in carrying out his employment …” Consequently I have no jurisdiction to adjudicate on the matter of recoupment of the cost of monies spent on fuel.
Based on the uncontested evidence of the claimant and the submissions of the union I am upholding the remaining complaints under the Terms of Employment (Information) Act 1994 and the Payment of Wages Act 1991.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00058998-005
Section 7 of the Terms of Employment (Information) Act 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am upholding this complaint and require the respondent to pay the claimant €1,500 for breaching the Act
CA-00058998-001
Section 7 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am upholding this complaint and require the respondent to pay the claimant €978.72 compensation.
CA-00058998-002
Section 7 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am upholding this complaint and require the respondent to pay the claimant €783.71 compensation.
CA-00058998-003
Section 7 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am upholding this complaint and require the respondent to pay the claimant €626.97 compensation.
Dated: 21st June 2024
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Key Words:
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