The Workplace Relations Commission awarded James Quinn €4,600 in compensation after upholding several complaints against Brandrake Plant Hire Ltd, while finding his constructive dismissal complaint was not well founded. The WRC decision was dated 23 November 2022.
Quinn worked as a grounds worker and lorry driver. He said he worked long and irregular hours and was underpaid for overtime. The company disputed his hours and said Quinn resigned without giving it a chance to address his grievances.
The WRC found Quinn’s records more credible and held that the company’s work fell within the Construction Sector SEO. It upheld complaints concerning overtime pay, daily rest, average weekly hours, notice of working hours, written terms and a further SEO overtime-rate complaint. It found the change-of-terms, core-terms and constructive dismissal complaints not well founded; one complaint was withdrawn.
The largest single compensation award was €4,600. The WRC also awarded €302.94 in wages and compensation amounts of €1,750, €3,500, €3,500, €877 and €3,500 on other upheld complaints. The constructive dismissal complaint failed because Quinn resigned without giving the company a reasonable opportunity to address his grievances.