Case Number: ADJ-00003294. Workplace Relations Commission

• Docket Number: ADJ-00003294
• Date: 30 May 2017
• Court: Workplace Relations Commission
• Parties: A Delivery Driver V A Fast Food Restaurant

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00003294

Parties:

	Complainant	Respondent
Anonymised Parties	A Delivery Driver	A Fast Food Restaurant

Representatives Declan J Gray of Declan J. Gray & Co. Chartered Accountants.

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00004920-001	30/05/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00004920-002	30/05/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00004920-003	30/05/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00004920-004	30/05/2016

Date of Adjudication Hearing: 05/04/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Location of Hearing: Seven Oaks Hotel

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 27 of the Organisation of Working Time Act, 1997 and Section 6 of the Payment of Wages Act, 1991 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: Summary of Complainant’s Case:

Act	Complaint/Dispute Reference No.	Nature of Complaint / Basic Arguments
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00004920-001	No Compensation for Sunday Work
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00004920-002	No Paid Holidays received. Holidays requested in Nov and Dec of 2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00004920-003	No Public Holidays received
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00004920-004	No pay in lieu of Notice.

2: Summary of Respondent’s Case:

CA-00004920-001 No Compensation for Sunday Work The Complainant received an Hourly Rate of € 9.25 per hour – this effectively represents a Premium of € 0.60 for Sunday Work –the minimum wage being, at the time, €8.65 per hour. CA-00004920-002 No Paid Holidays received. Holidays requested in Nov and Dec of 2015. In regard to Holiday pay for 2015 the Complainant is not due any Holiday pay for this year as he effectively took all holidays due to him. As regards 2016 to the date of the ending of the employment a sum of €99.90 is due to the Complainant and will be paid. CA-00004920-003 No Public Holidays received The Complainant was not rostered for Mondays during 2015 and no Public Holiday entitlement is due for that year. As regards 2016 there is an entitlement to one public Holiday and a payment of € 27.75 is due to the Complainant. CA-00004920-004 No pay in lieu of Notice. The Complainant resigned voluntarily, without giving any notice...