ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003005
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012
Date of Adjudication Hearing: 10/08/2016
Workplace Relations Commission Adjudication Officer: Michael Hayes
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Act and Regulations 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).
Complainant’s Submission and Presentation:
CA-00003924-001 The complainant is a bricklayer who worked for the respondent in the period April 2015 to March 2016. He was paid €525 net per week. He submits that he did not receive written terms and conditions of employment in breach of s. 3 of the Act.
Respondent’s Submission and Presentation:
CA-00003924-001 The respondent accepts that no written terms and conditions were provided but that a verbal agreement in respect of terms and conditions prevailed. He submits that the complainant had worked for him on a number of occasions in the past.
CA-00003924-0001 I find that the complaint is well founded and hereby require that the respondent pay the complainant €525 (say five hundred and twenty five euro) net in compensation for breach of s. 3 of the Act.
CA-003924-0002 I find that the complaint is misconceived under the regulations as the complainant is not a mobile worker and that therefore it is not well founded.