Case Number: ADJ-00008224. Workplace Relations Commission

• Docket Number: ADJ-00008224
• Date: 05 October 2017
• Court: Workplace Relations Commission
• Parties: Driver V Transport Company

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008224

Parties:

	Complainant	Respondent
Anonymised Parties	Driver	Transport Company

Complaints

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00010952-001	25/04/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00010952-002	25/04/2017

Date of Adjudication Hearing: 17/08/2017

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

The Complainant was reemployed from 1^st April 2015 until the employment terminated on 31^st October 2016. The Complainant was employed as a Driver and was paid €10.00 an hour for 40 basic hours a week and €11.00 an hour when he worked overtime. The Complainant stated he was not provided with a written statement of his Terms and Conditions of Employment. The Complainant referred a complaint to the Workplace Relations Commission (WRC) on 25^th April 2017 alleging the Respondent had breached Section 5 of the Payment of Wages Act, 1991 – 2015 in relation to wages of €3162.00 and Annual Leave. He submitted a second complaint to the WRC on the same date alleging the Respondent had breached Sections 21 and 23 of the Organisation of Working Time Act, 1997 – 2015 in relation to Public Holiday on 31^st October 2016 and his annual leave entitlements on termination of his employment.

The Complaints under both the Payment of Wages Act, 1991 – 2015 and the Organisation of Working Time Act, 1997 – 2015 in relation to his annual leave complaints, were withdrawn at the Hearing as the Complainant verified at the Hearing that he had been paid his accrued annual leave on 28^th November 2016

SUMMARY OF COMPLAINNAT’S POSITION.

Payment of Wages Act, 1997 – 2015.The Complainant is claiming payment of wages of 168 hours @€10.00 an hour and 61 hours @ €11.00 an hour due to be paid to him on 28^th November 2016.

Organisation of Working Time Act, 1997 – 2015. The Complainant is claiming payment of €80.00 for the Public Holiday on 31^st October 2016. The Complainant stated he did not work on this Public Holiday but was not paid.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent did not attend the scheduled Hearing on 17^th August 2017.

On the basis of the evidence and the uncontested...