ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002440

Dispute for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1990	CA-00003401-001	22/03/2016

Date of Adjudication Hearing: 14/07/2016

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with Section 13 of the Industrial Relations Act 1990, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Complainant’s Submission and Presentation:

The complainant was a caretaker for a County Council which amalgamated with another Council. As a result, the requirement for him to open and close meeting rooms, outside normal working hours ceased. He was in receipt of overtime and now seeks compensation for loss of earnings under the Croke Park Agreement.

Respondent’s Submission and Presentation:

The respondent submits that compensation for loss of earnings formula under the Public Service Agreement provide for compensation for loss of earnings as a result of the implementation of initiatives under the auspices of the Public Service Agreements with 1.5 times the actual annual loss payable arising from the impact of any new arrangements on earnings. It is the Council’s position that the arrangements giving rise to the complainant’s claim do not fall within the parameters of the Public Service Agreements and by extension, the terms of the Labour Court Recommendation 19995 and the Implementation Body letter of 8^th March 2011. The cessation for the complainant to open and close a building arose from the abolition of town councils following the enactment of the Local Government Reform Act 2014 and this obligation to implement statutory measures can be distinguished from new work practices and / or new productivity arrangements provided for in the Public Service Agreements.

Decision:

I note the complainant had been carrying out the activity of opening and closing the meeting offices for 23 years, and he has incurred a loss of earnings as a result of the new arrangements. This is clearly a change in his work arrangements. While I note the respondent’s submission concerning the circumstances which brought this change about, I recommend that the Council should apply the formula of 1.5 times the loss of earnings.

Dated: 2^nd August 2016