Case Number: ADJ-00004941. Workplace Relations Commission

• Docket Number: ADJ-00004941
• Date: 25 July 2017
• Court: Workplace Relations Commission
• Parties: Truck Driver Vs Events Contractor

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004941

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

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00006987-001	06/09/2016

Date of Adjudication Hearing: 07/02/2017

Workplace Relations Commission Adjudication Officer: Joe Donnelly

Procedure:

In accordance with Section 13 of the Industrial Relations Act, 1969, following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Complainant’s Submission and Presentation:

The complainant had a number of issues regarding conditions in the workplace. These issues included having to operate defective / untaxed vehicles, not being supplied with appropriate safety clothing, safety concerns not being addressed, not getting entitlement to breaks or lunch-hours and not being issued with a contract of employment. These grievances led to the complainant withdrawing his labour until these matters were addressed by the respondent. When the respondent did not address the issues the complainant felt that he had no choice but to request his P45 form. The complainant did not receive this form nor did he receive holiday money that he was due.

Respondent’s Submission and Presentation:

The respondent’s business is conducted in accordance with all proper standards of health and safety, road safety and in accordance with employment law generally.

The complainant was requested to have a discussion with a Director when he raised these issues but he failed to do so. The complainant has not made any effort to deal with the issues internally.

The respondent has a standard contract of employment which the complainant is welcome to review.

The complainant has been fully paid his entitlements to date and there are no outstanding wages due to him.

Decision:

Section 13 of the Industrial Relations Act, 1969, requires that I make a...