Courts / Ireland / Report

Transport firm must compensate driver for failure to hand over tachograph data

Summary

In a Workplace Relations Commission decision published today, adjudicating officer Conor Stokes upheld a complaint by commercial driver Tymoteusz Ogrocki against Wentworth Transport Ltd, trading as CLF International Freight. The tribunal found the logistics firm liable for failing to provide the driver with his tachograph data and a written statement of his terms and conditions of employment. Gary Conlon, the company's managing director, appeared to represent the firm and admitted that the company did not provide written terms, describing the oversight as negligent. Although Mr Conlon stated the company retained copies of the driver's hours and tachograph recordings, the adjudicator found that the employer failed to comply with the driver's request for these records within the required timeframe. The decision determined that the complaint was well founded under the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012. Consequently, Wentworth Transport was ordered to pay €14,300 in compensation, equivalent to 26 weeks' net pay, for this breach. Additionally, the firm was ordered to pay €1,650 for violating the Terms of Employment (Information) Act 1994. The total compensation awarded to Mr Ogrocki amounts to €15,950. The adjudicator noted there was no conflict in evidence between the parties, with both sides providing testimony at the April hearing.

Who, what, where, when and why

What: Report matter: Transport firm must compensate driver for failure to hand over tachograph data. Procedural stage: trial

When:

• 2022-12-12 Publication

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Places mentioned

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Stage Trial

Read the original CNI report