Case Number: ADJ-00000518. Workplace Relations Commission

• Docket Number: ADJ-00000518
• Date: 01 July 2016
• Court: Workplace Relations Commission
• Parties: A Employee v A Employer

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000518

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

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under the Terms and Conditions of Employment Act 1994	CA-00000764-001	10/11/2015

Date of Adjudication Hearing: 05/04/2016

Workplace Relations Commission Adjudication Officer: Emile Daly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015, 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).

Complainant’s Submission and Presentation:

My boss put me on un-paid leave for a month, to which I did not agree to, because of that I terminated our contract. I’ve asked my boss for a P45 multiple times but received no reply from him what so ever. I also did not receive a contract when starting work and received no payslips while working along with not receiving my last wages. I've asked for all these documents multiple times through email's and text messages but all of them have been completely ignored.

Jurisdiction of Adjudication Officer

At the start of the hearing the Complainant accepted that his complaint did not properly lie 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, as cited on his claim form.

His complaint was that his contract was not issued to him within two months of the commencement of his employment in June 2015, the relief for which lies under the Terms and Conditions of Employment Act 1994.

While the Complainant cited his complaint as being for Terms and Conditions of Employment, he did not cite this under the redress section. Rather under the redress section he cited 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, which was incorrect, as this deals with rest periods for drivers.

The Respondents were asked if they wanted an adjournment in order to meet a case under the Terms and Conditions of Employment Act 1994 or whether they wished to consent to the claim being amended and to be heard on the same day. It was clear that the six month time limit had not expired for the Complainant to issue a fresh claim under the 1994 Act. After consultation with their representative, the Respondents agreed to the case being heard on the same day and the matter proceeded.

It was accepted by the Complainant that the case was limited to rights under section 3 of the Terms and Conditions of Employment Act 1994 and therefore his claim was confined to his complaint that no contract was issued within two months of his commencement. It was further accepted that no claim lay in respect of unpaid wages or also anything that fell outside section 3 of the 1994 Act, i.e. for pay slips or a P45.

Substantive Complaint

The Complainant gave evidence as follows:

1. He started employment as a driver with the Respondent in June 2015.

2. He asked for a written contract in June 2015 but was not given one

3. He discussed this matter with KL of the Respondent and she said that she would issue a contract to him

4. A dispute arose between the parties and in October 2015 the Complainant again requested a written contract. He sent an email to KL making this request at the start of October 2015.

5. On 15 October 2015, the Complainant resigned his post

6. He did receive a copy of the contract after his employment ended, on 12 November 2015 along with copies of payslips, but this was the first time that he saw the contract. The contract signed by KL and was back dated to 17 July 2015. He was certain that he did not receive the contract in July 2015. If he did, why would he have sent the email in October 2015.

Respondent’s Submission and Presentation:

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