Case Number: ADJ-00000157. Workplace Relations Commission

• Docket Number: ADJ-00000157
• Date: 01 May 2016
• Court: Workplace Relations Commission
• Parties: Employee v Transport Company

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000157

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00000219-001	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00000219-002	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00000219-003	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00000219-004	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00000219-005	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00000219-006	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00000219-007	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00000219-008	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00000219-009	13/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012	CA-00000219-010	13/10/2015

Date of Adjudication Hearing: 15/02/2016

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the relevant sections of the Legislation underlying the Complaints listed from 1 to 10 above, 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).

1: Complainant’s Submission and Presentation:

I did not receive a written contract of employment or statement in writing as to the terms of my employment. I was not notified in writing as to any change in relation to my weekly pay nor was this agreed before unilateral changes were made by my employer. I always received €500.00 net pay into my bank account every week from my employer. This started to be unilaterally decreased to various amounts from 31st July 2015 - 11th September 2015, ranging from approximately €25 deductions to €40 deductions. Please see redacted bank statements with highlighted transactions. When I worked on Sundays I did not receive an increase in my wages. I did not receive an increase in my wages or any premium for working on a Public Holiday. My working day varies, usually between 9 and 13 hours per day. We are required to take a break after four and a half hours of work and to log these breaks; however I was pressured by my employer to work through my breaks. When the truck was being loaded or unloaded I was instructed to log my break for the Company records but I was told to continue to work in any event during this period despite logging the break. My employer has called me stupid and various other abusive names. The abuse escalated into physical on the 11th September 2015. I was driving a truck to connect to the cargo part of the truck. A colleague who was responsible for maintenance was present and attempting to clamp the cargo part of the truck onto the driving part of the truck. I went to reverse the truck into the cargo part of the truck on the request of my maintenance colleague as is normal practice. The maintenance colleague had been driving the vehicle before me. He had left the truck in forward drive mode rather than reverse mode. As I began to drive the truck it moved forward rather than backwards. I stopped it immediately. The respondent shouted "What the fuck are you doing, you're a fucking idiot. Get out of my truck". He physically grabbed me and pulled me out of the truck. I was in shock and left work and as I was leaving he said he did not need me he had many drivers. I then received an email stating "Termination of employment due to you walking out of work and abandonment of your job". My employer has treated me in a derogatory and discriminatory manner that he would not treat an Irish national employee by calling me derogatory names and physically assaulting me. My employment was terminated by email dated 11th September 2015. I did not receive any period of notice or payment in lieu thereof. I worked with the respondent for 2 years and 3 months and should have been entitled to two months notice; as such I am entitled to two weeks notice or payment in lieu thereof in the sum of €1,000.00 which is two months net pay. My employer did not notify me of the working hour’s regulations applying to the road transport sector.

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