Complainant

Respondent

Parties

Dorde  Nikolic

Dmc Logistic Ltd

Representatives

 In person

 Company management.

Act

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

CA-00066327-001

27/09/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00066327-003

27/09/2024

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

CA-00066327-005

27/09/2024

Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022

CA-00066327-006

27/09/2024

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

CA-00066327-007

27/09/2024

The complainant commenced employment with the respondent on 10th June 2024 and worked until 24th July 2024. He again recommenced employment no 19th August 2024 until 26th August 2024.

This complaint was received by the Workplace Relations Commission on 27th September 2024.

The complainant submitted a complaint to the Workplace Relations Commission on 27th September 2024. This complaint comprised of seven individual complaints, these are as follows:

CA – 00066327 – 001 - A complaint submitted under section 7 of the Terms of Employment (Information) Act, 1994.

The complainant contends that he did not receive a statement in writing of his terms of employment.

CA – 00066327 – 003 - A complaint submitted under section 6 of the Payment of Wages Act 1991.

In the specific details of this complaint the complainant states “Not providing payslips, didn’t pay me 5 days sick pay statutory law from 01.01.24. Last payslip showed 569 and I have received 525 after few days I got 47€.”

CA – 00066327 – 005 - A complaint submitted 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.

The complainant claims that his employer is not keeping statutory employment records.

The complainant has also inserted into his complaint form the following:

**” In accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, I hereby request a copy of all personal data that the company holds about me. This includes, but is not limited to, any emails, text messages, memos, or other communications between the General Manager, the Head of HR, and any other relevant individuals that pertain to me.” **

CA – 00066327 – 006. A complaint submitted under the Sick Leave Act 2022.

The complainant contends that that his employer did not pay him for 5 days sick leave. The complainant had submitted a sick cert covering his absence.

CA – 00066327 – 007 - A complaint submitted 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.

The complainant states that he has a health and safety issue and clearly states the following (in his exact words):

This employer does not provide payslips, contract of employment. Vans we were driving are damaged, not road safe and not regularly serviced. On 1st July I had an incident with back door of the van. They were damaged, stuck and door hit me on the head when I was trying to open them. I got big hematoma and felt dizzy but didn’t go to the doctor in fear I could lose my job. I let my employer what happened. Brake light was on and emissions. I have pictures of all.

The complainant commenced employment with DMC Logistics on 10th June 2024 and worked until 24th July 2024. He again recommenced employment no 19th August 2024 until 26th August 2024. He was paid 3 days of holiday pay. He was paid a daily rate of €120 and allowed to use our van to travel to and from work. He was paid above the minimum wage.

He was employed as a courier to no specific route as depending on volumes routes may vary. As it happens this driver was mainly working on the same route. All drivers are expected to attempt delivery of all parcels each day.

He presented a medical certificate on 27th August 2024 for 2 weeks – as he was not in our employment for more than 13 weeks, he had no entitlement to paid sick leave.

Mr Dorde Nikolic has not made contact with DMC Logistics since then.

The following are the working hours of Mr Dorde taking from the Van Tracker

All vans have successfully completed CVRT inspections. If issues arise with vans the drivers are to notify management immediately, when we were advised of the issue the van was replaced with another van until such time the issues are rectified.

All vans were furnished with docs for drivers to report any incidents or accidents and give to management. On the first day of employment all employees are advised with regard to reporting incidents and accidents. While in our employment the complainant did not report any incidents or accidents (other than issues with vans which were dealt with as above), first we have heard of this injury from the WRC.

On one occasion the complainant was underpaid (clerical error) but when it was brought to our attention the additional money owed was issued to him immediately.

At no stage was the complainant shouted at. During the week of the 19th to 23rd of August he refused to deliver parcels on his assigned route and on Monday 26th August he was advised by the Manager on Duty that all parcels on his assigned route must be attempted, he was not happy with this.

The complainant was not dismissed but made no contact with DMC with regard to returning to work and as a result we had to fill the position.

While employed by DMC Logistics the complainant continued to operate his own business as a cleaner “Total Clean” advertised on Facebook. He also advertised on 5th Sept 2024 providing a contact number (his mobile number) while medically certified unfit for work.

CA – 00066327 – 001 - A complaint submitted under section 7 of the Terms of Employment (Information) Act, 1994.

The complainant contends that he did not receive a statement in writing of his terms of employment.

Section 3 of the Terms of Employment (Information) Act 1994 reads as follows:

An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say –

a)       The full names of the employer and the employee

b)      The address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act 1963)

c)       The place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places

d)      The title of the job or nature of the work for which the employee is employed

e)      The date of commencement of the employee’s contract of employment

f)        In the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires

g)       The rate or method of calculation of the employee’s remuneration

h)      The length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval

i)        Any terms or conditions relating to hours of work (including overtime)

j)        Any terms or conditions relating to paid leave (other than paid sick leave)

k)       Any terms or conditions relating to –

i)                    Incapacity for work due to sickness or injury and paid sick leave, and

ii)                   Pensions and pension schemes

l)        The period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee’s contract of employment) to determine the employee’s contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice

m)    A reference to any collective agreements which directly affect the terms and conditions of the employee’s employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.

Section 7 (2) of the Act reads as follows:

7(2) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G shall do one or more of the following, namely –

a)       Declare that the complaint was or, as the case may be, was not well founded,

b)      Either –

i)                    Confirm all or any of the particulars contained or referred to in any statement furnished by the employer under 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G or

ii)                   Alter or add to any such statement for the purpose of correcting any inaccuracy or omission in the statement and the statement as so altered or added to shall be deemed to have been given to the employee by the employer

c)       Require the employer to give or cause to be given to the employee concerned a written statement containing such particulars as may be specified by the adjudication officer

d)      In relation to a complaint of a contravention under section 3, 4, 5, 6, 6D, 6E, 6F or 6G and without prejudice to any order made under paragraph (e) order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977]……

I conclude that no written statement was issued to the complainant and now order the respondent to pay compensation to the complainant in the amount of four weeks wages i.e. €2,400.00. such payment should be made within 42 days from the date of this decision.

CA – 00066327 – 003 - A complaint submitted under section 6 of the Payment of Wages Act 1991.

In the specific details of this complaint the complainant states “Not providing payslips, didn’t pay me 5 days sick pay statutory law from 01.01.24. Last payslip showed 569 and I have received 525 after few days I got 47€.”

I find that the underpayment was done in error and has now been rectified. This complaint is closed.

CA – 00066327 – 005 - A complaint submitted 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.

The complainant claims that his employer is not keeping statutory employment records.

Under these regulations an employee may lodge a complaint which should contain all the particulars of any infringements. In the instant complaint the complainant has failed to furnish any particulars of alleged infringements, and the respondent has provided a table of hours worked by the complainant.

This complaint is not well founded.

CA – 00066327 – 006. A complaint submitted under the Sick Leave Act 2022.

According to the respondent the complainant worked from 10th June 2024 until 24th July 2024, he then commenced employment a second time on 19th August 2024 and worked until 26th August 2024.

According to the complainant as per the complaint form he commenced employment on 10th June and worked until 6th September 2024. This is a total of 88 days or 12 weeks and 4 days.

Section 5 (5) of the Sick Leave Act 0f 2022 reads as follows:

5. (5) Subject to subsection (7) an employee’s entitlement to a statutory sick leave day shall not commence before a time when he or she has completed 13 weeks continuous service with his or her employer.

The complainant did not have the required service to be entitled to statutory sick leave payment.

This complaint is not well founded.

 CA – 00066327 – 007 - A complaint submitted 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.

The complainant states that he has a health and safety issue and clearly states the following (in his exact words):

This employer does not provide payslips, contract of employment. Vans we were driving are damaged, not road safe and not regularly serviced. On 1st July I had an incident with back door of the van. They were damaged, stuck and door hit me on the head when I was trying to open them. I got big hematoma and felt dizzy but didn’t go to the doctor in fear I could lose my job. I let my employer what happened. Brake light was on and emissions. I have pictures of all.

These may be genuine complaints however I find that they lack particulars, and I feel they are not properly made under this legislation.

This complaint is not well founded.

As above.