ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001250
Parties:
| Worker | Employer |
Anonymised Parties | A Former Employee | A Transport Business |
Representatives | Barnaba Dorda SIPTU | John Keenan JRK Business Services |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00001250 | 06/04/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00001251 | 06/04/2023 |
Workplace Relations Commission Adjudication Officer: Anne McElduff
Date of Hearing: 19/01/2026
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me, to present their submissions together with any information relevant to the dispute and to question each other’s submissions.
The adjudication hearing commenced on 21/6/24, was resumed on 22/1/25, 27/2/25, 21/7/25 and concluded on 19/1/26. The Worker was represented by SIPTU and the Employer was represented by an HR Consultant. Representatives of the Respondent’s management team were also in attendance.
In conducting my investigation, I have taken into account all submissions, information and documentation presented to me by the parties relevant to the matters in dispute.
Background:
The Worker was employed by the Employer as a delivery driver from 8 October 2018 until his dismissal on 30 December 2022. The Worker referred a number of complaints to the WRC including the following two disputes.
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Summary of Workers Case:
IR – SC – 00001250 The Worker outlined that during his employment he was paid subsistence amounting to €26/day or €130/week in addition to his basic weekly wage. This dispute concerns the non-payment of the subsistence payment during the period of the Worker’s suspension from his employment – ie from 28 October 2022 until 30 December 2022/date of dismissal. The Worker stated that the subsistence payment was paid whether he was actually at work or not and that it was paid to workers on annual leave. IR – SC – 00001251 The Worker stated that he was seeking travel expenses in respect of a requirement by the Employer that he attend two meetings – namely an investigation meeting on 2/12/2022 in a Dublin city centre hotel and an appeal hearing in Tallaght on 20/1/2023. The Worker stated that on 2/12/2022 he travelled 202km round trip from his base and 190km on 20/1/23. Inclusive of toll costs and based on a rate of approx. €0.51/km the Worker stated he was seeking a total amount of €260. |
Summary of Employer’s Case:
IR – SC – 00001250 The Employer stated this claim could not succeed as the subsistence payment was a tax-free expense, that it did not constitute properly payable wages pursuant to the Payment of Wages Act [1991-2017] and that it was not justified or required when the Worker was not actually at work. The Employer further stated that since 2022 it had discontinued the subsistence payment during annual leave periods. IR – SC – 00001251 The Employer disputed the travel rate of €0.51/km and stated that the Worker’s travel claim was not vouched and that no receipts had been provided. However, the Employer offered an amount of €120 to settle the matter. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute. IR – SC – 00001250 This same dispute was the subject of a complaint pursuant to the Payment of Wages Act [1991-2017] and has been decided in an Adjudication Decision. Accordingly I make no recommendation in this matter. IR – SC – 00001251 In my view the travel expenses incurred by the Worker on 2/12/2022 and 20/1/2023 were not an ongoing expense such as would apply in the case of a public service travel scheme. Accordingly, based on a rate of €0.40 and allowing an amount for tolls, I recommend the Employer pay a total amount of €165 for the travel expenses incurred. |
Dated: 12th of June 2026.
Workplace Relations Commission Adjudication Officer: Anne McElduff
Key Words:
Subsistence Payment, Travel Expenses |