Ballinalard Transport Ltd ((in Liquidation)) (Represented by Crowe Horwath, Chartered Accountants) v Janis Eglitis (Represented by Richard Grogan & Associates, Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 18 May 2018
• Judgment citation (vLex): [2018] 5 JIEC 1806
• Date: 18 May 2018
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.RTD181 130306-MW-13
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

RT/17/10

DETERMINATION NO.RTD181

130306-MW-13

PARTIES:

Ballinalard Transport Limited (In Liquidation) (Represented by Crowe Horwath, Chartered Accountants)

and

Janis Eglitis (Represented by Richard Grogan & Associates, Solicitors)

DIVISION:

Chairman: Mr Haugh

Employer Member: Mr Murphy

Worker Member: Mr McCarthy

SECTION 19, EUROPEAN COMMUNITIES (ROAD TRANSPORT) (ORGANISATION OF WORKING TIME OF PERSONS PERFORMING MOBILE ROAD TRANSPORT ACTIVITIES) REGULATIONS, 2012 - 2015

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No: 130306-MW-13.

BACKGROUND:

2 2. The Worker referred the case to the Labour Court in accordance with Section 19 of the European Communities (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 ( S.I 36 of 2012). A Labour Court hearing took place on 1 May 2018. The following is the Determination of the Court:-

DETERMINATION:

Background to the Appeal

3 This is Mr Eglitis's ('the Complainant') appeal from two decisions of a Rights Commissioner each of which is dated 6 April 2017. The decisions against which the Complainant appeals bear the following reference numbers: R-129185-WT-12 and R-130306-MW-13. The Court heard the appeal in Thurles on 1 May 2018. There was no appearance at the appeal on behalf of the Complainant's former employer, Ballinalard Transport Limited (In Liquidation) ('the Respondent') or on behalf of the Liquidator appointed to wind up its affairs. Similarly, there had been no appearance on behalf of the Respondent before the second of two hearings before the Rights Commissioner. A Solicitor instructed by the Respondent did appear at the first hearing on 3 December 2015. The second day of hearing before the Rights Commissioner took place on 11 January 2017.

4 The Complainant was employed by the Respondent company as a driver from 9 December 2011 until 5 October 2012. The Complainant appears to have abandoned his employment on the latter date without giving any prior notice of his intention to do so to the Respondent. The within complaints were initiated by the Complainant's Solicitor using two single Complaint Forms. The first Form was received by the Workplace Relations Customer Services Office (as it was then) on 18 December 2012. The second - which is notification of a claim under the National Minimum Wage Act 2000 only ' was received on 5 February 2013.

5 Appeal from Decision Number R-129185-WT-12

6 This a claim that the Respondent failed to maintain records as required by Regulation 12 of S.I. No 36 of 2012 ('the Regulations') and/or failed to furnish the Complainant with a copy of such records when requested by the Complainant to do so. The Rights Commissioner found that the complaint had been incorrectly referred to him under section 27 of the Organisation of Working Time Act and, on that basis, deemed it to be not well-founded. The Rights Commissioner acknowledged, nevertheless, that the Complainant's Solicitor had "created and ticked a self-created (sic) box ' S.I. 36 of 2012'" on the face of the WRC Complaint Form...