Case Number: ADJ-00022484. Workplace Relations Commission.

• Court: Workplace Relations Commission
• Docket Number: ADJ-00022484
• Hearing Date: 30 August 2019
• Date: 01 September 2019
• Year: 2019
• Parties: A delivery driver VS A restaurant /take away

Procedure:

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

Background:

The Complainant worked as a delivery driver for the Respondent from 16/10/2018 until 06/05/2019 when the employment ended. The Complainant contends that he worked between 36 and 52 hours per week. The Respondent contends that he worked 30 hours per week. This complaint was received by the Workplace Relations Commission on 18th June 2019.

Summary of Complainant’s Case:

The Complainant claims that he was never issued with payslips until after his employment ended and these will clearly show that the hours worked did not match the payslips. The Complainant also contends that he was paid nightly and therefore never received any holiday, public holiday or Sunday premium pay. The Complainant never furnished banking details to the Respondent and claims that he deducted his wages on a daily basis from the money he received in payment when he delivered the takeaway orders to customers.

Summary of Respondent’s Case:

The Respondent accepts that the Complainant was paid on a daily basis as outlined by the Complainant and that he was the only employee to be paid in this fashion. In hindsight the Respondent accepts that this method was not advisable and will not, in future pay employees in this fashion. In relation to payslips the Respondent was not aware that the Complainant was not receiving payslips as they were being emailed to an incorrect email address. At no time did the Complainant come looking for payslips until after his employment ended.

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