FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 Section 19, European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations, 2012 PARTIES : FIRST DIRECT LOGISTICS LIMITED (REPRESENTED BY PENINSULA BUSINESS SERVIVES (IRELAND) LTD) - AND - PRZEMYSLAW STANKIEWICZ (REPRESENTED BY BLAZJ NOWAK) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal against Rights Commissioner's Decision r-137841-mrt-13/JT.
BACKGROUND:
2. The Worker appealed the Decision of Rights Commissioner r-137841-mrt-13/JT to the Labour Court on 11th February, 2014 in accordance with the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Road Transport Activities) Regulations 2012 (the regulations).A Labour Court hearing took place on 6th May, 2014, the following is the Court's Determination:-
DETERMINATION:
This is an appeal by Przemysaw Stankiewicz (the Claimant) against the Decision of a Rights Commissioner in his claim under the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Road Transport Activities) Regulations 2012 (the regulations) against his former employer First Direct Logistics Limited (the Respondent).
The Claimant contends that the Respondent contravened regulations 5(a), 5(b), 8(3), 10, 11 and 12 of the said Regulations.
Findings of the Court
Regulation 5(a) and Regulation 5(b) (Working Hours)
The Claimant contends that he worked the following hours in the weeks to which his claim relates:-
- 25/11/2012 and 01/12/2012 - 79.05 hours
02/11/2012 and 08/12/2012 – 77.15 hours
09/12/2012 and 15/12/2012 – 60.35 hours
16/12/2012 and 22/12/2012 – 74.30 hours
30/12/2012 and 05/01/2013 – 62.30 hours
06/12/2012 and 12/01/2013 – 62.5 hours
20/01/2012 and 26/01/2013 – 73 hours
27/01/2013 and 02/02/ 2013 – 64.55 hours
The Court has examined the evidence tendered by the parties and finds that the evidence submitted by the Claimant is to be preferred. The Court finds that this claim is well-founded. It awards the Claimant compensation in the amount of €2,000 in relation to these contraventions
Regulation 8(3) (Breaks from Work)
The Claimant contends that he did not receive breaks in accordance with this regulation. The Respondent denies that this regulation was breached.
Having examined the evidence made available the Court is satisfied that this regulation was not complied with. Accordingly, the Court finds that this complain is well-founded. The Claimant is awarded compensation in the amount of €1,000 for this contravention.
Regulation 10 (Night Working)
The Respondent accepts that this regulation was contravened in relation to the Claimant. Accordingly, this complaint is well-founded. The Court awards the Claimant compensation in the amount of €500 for this contravention.
Regulation 11 (Obligation to Notify Driver of Regulations)
The Respondent accepts that this regulation was not complied with in relation to the Claimant. Accordingly, this complaint is well-founded. The Court awards the Claimant compensation in the amount of €500 for this contravention.
Regulation 12 (Maintenance of Records)
The Respondent accepts that this regulation was contravened in relation to the Claimant. Accordingly, this complaint is well-founded. The Court awards the Claimant compensation in the amount of €500 for this contravention.
The Court directs the Respondent to pay the Claimant compensation in the amount of €4,500 in accordance with Determination of the Court set out above.
The appeal is to that extent allowed and the Decision of the Rights Commissioner is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
16th May, 2014______________________
JFChairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.