ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059286
Parties:
| Complainant | Respondent |
Parties | Ronald Bujdei | Remo Food Ltd t/a Domino’s Pizza |
| Complainant | Respondent |
Representatives | Self - Represented | Gareth Kyne of MSS Ireland Limited |
Complaints:
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-00071937-001 | 27/05/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015 | CA-00071937-003 | 27/05/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00071937-004 | 27/05/2025 |
Date of Adjudication Hearing: 02/09/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 ; Section 7 of the Terms of Employment (Information) Act, 1994 and Section 23 of the Industrial Relations (Amendment) Act, 2015 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered by the Parties but not deemed necessary.
Related Complaint - Adj-00057312
This case, Adj-00059286, was heard in conjunction with Adj-00057312
Background:
The issues in contention concern a delivery driver and a fast-food Company. The Complainant alleged that he was not informed of a change to his Terms and Conditions of Employment, unsatisfactory “Acting up” issues, compliance issues with a SEO and failure to provide a written Statement of his Terms and Conditions. The employment commenced on the 3rd November 2024 and finished on the 30th March 2025. The rate of pay was stated by the Complainant to have been €678 per fortnight for a 40-hour week. |
1: Summary of Complainant’s Case:
The Complainant was self-represented and gave an extensive Oral testimony. 1:1 Terms of Employment (Information) Act, 1994 / CA-00071937-001 The Respondent local Manager sent a message via WhatsApp telling drivers to reduce their actual delivery times. This was unsafe and not mentioned in any Contract of employment. Constant pressure on Drivers to drive faster was unsafe and illegal. 1:2 Section 23 of the Industrial Relations (Amendment) Act, 2015 / CA-00071937-003 This complaint was withdrawn at the Hearing as not applicable to the Fast-Food Industry 1:3 Terms of Employment (Information) Act, 1994 / CA-00071937-004 It was alleged that the Respondent breached GDPR Regulations by having the Complainant’s name in a WhatsApp Legue table of driver’s average delivery times. |
2: Summary of Respondent’s Case:
The Respondent was represented by Mr Kyne of Management Support Services. – MSS. A written submission was provided, and extensive Oral testimony was given. Mr Kyne cross examined the Complainant. 2:1 Terms of Employment (Information) Act, 1994 / CA-00071937-001 The Complainant was provided with a full written Contract of Employment and a written statement of his Terms and Conditions. This was exhibited in evidence. There were never any changes to his Terms and or Conditions. Issues re delivery times between Drivers was a normal Managerial function. The complaint has no basis. 2:2 Section 23 of the Industrial Relations (Amendment) Act, 2015 / CA-00071937-003 The Sectoral Employment order referred to in this complaint is for the Mechanical Engineering / Building Services Sector. It was withdrawn at the Hearing. 2:3 Terms of Employment (Information) Act, 1994 / CA-00071937-004 Response to 2:1 applies here. As an aside the Respondent has instructed all Staff re the possibly inappropriate use of WhatsApp groups. Driving speed issues are not for the Terms of information Act. The Complaint has no basis under the Terms of Employment (Information) Act, 1994 .
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3: Findings and Conclusions:
3:1 Terms of Employment (Information) Act, 1994 / CA-00071937-001 The Complainant was provided with a full written contract of Employment and a written statement of his Terms and Conditions. This was exhibited in evidence. From the evidence ,both written and Oral presented and the cross examination there were never any changes to his Terms and or Conditions. Issues re delivery times between Drivers was a normal Managerial function. The complaint is Legally Not Well founded. 3:2 Section 23 of the Industrial Relations (Amendment) Act, 2015 / CA-00071937-003 The Sectoral Employment order referred to in this complaint is for the Mechanical Engineering / Building Services Sector. It was withdrawn at the Hearing. 3:3 Terms of Employment (Information) Act, 1994 / CA-00071937-004 Response to 2:1 applies here. As an aside the Respondent has instructed all Staff re the possibly inappropriate use of WhatsApp groups both among Staff and Manager/Staff uses. A key issue discussed between the Parties was the alleged pressure on Drivers to make faster deliveries. It was alleged that this is a Road Safety hazard and very mechanically injurious to Driver vehicles. However , it has to be stated that this issue is more appropriate to other Statutory Bodies and does not fall under the Terms of the Employment Information Act. The Complaint has no basis under the Terms of Employment (Information) Act, 1994 |
4: Decision:
Section 41 of the Workplace Relations Act 2015; Section 7 of the Terms of Employment (Information) Act, 1994 and Section 23 of the Industrial Relations (Amendment) Act, 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
4:1 Terms of Employment (Information) Act, 1994 / CA-00071937-001
The complaint is Legally Not Well founded. It fails
4:2 Section 23 of the Industrial Relations (Amendment) Act, 2015 / CA-00071937-003
The Sectoral Employment order referred to in this complaint is for the Mechanical Engineering / Building Services Sector. It was withdrawn at the Hearing.
As a matter of record it is accordingly Not Well Founded and Fails
4:3 Terms of Employment (Information) Act, 1994 / CA-00071937-004
The Complaint has no legal basis under the Terms of Employment (Information) Act, 1994. It fails
Dated: 24th October 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Terms of Employment Information – Delivery drivers |