ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003419
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00004929-001 | 30/05/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00004930-001 | 30/05/2016 |
Date of Adjudication Hearing: 24/08/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
Both Claimants who are part-time employees claim that they are being treated less favourably relating to the Christmas Service Bonus than comparable full time workers. It was argues that this bonus was never linked to pay, grade, position or otherwise. It was stated that only reason they do not receive the same bonus as full-time staff is because of their part-time status. |
A history of the bonus scheme was explained to the Hearing. It was stated that prior to 2009 there was no difference in the way the bonus was paid to all staff and all employees with the same service received the same amount of bonus. |
In support of the claim the Claimants referenced Labour Court and Rights Commissioner’s decision including the opinion of counsel.
Respondent’s Submission and Presentation:
The Respondent put on record that they were available to attend mediation and still are but it never took place. Furthermore the Claimants’ representative body, the Staff Council, were prepared to give further consideration to this claim but the matter was referred to the WRC before this could happen.
The bonus operates on a pro-rata basis and as so is in compliance with the provision of Section 10 of the Protection of Employees (Part-time Work) Act 2001. The Terms of the bonus is as follows;
The Christmas bonus is paid to all staff and is calculated by reference to service to determine the payment band applicable and also to the number of paid hours worked in a given year to determine the quantum of bonus to be paid. The basis of calculation is applied equally to all staff in the Union.
Detailed examples of the actual operation of the scheme were provided to the Hearing. The bonus is dependent on the number of paid hours worked by each employee. Indeed, a full time employee on term time or leave of absence is subject to a pro-rata approach to determine the quantum of bonus to be paid.
The Respondent cited ECJ case law in support of the case.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]
Issues for Decision:
Is the Respondent in breach of the Protection of Employees (Part-Time Work) Act 2001?
Decision:
I have considered the submissions of both parties. This case is being taken under the Part-Time Work Act 2001. Although the Claimants did not submit a comparator who is a full time member of staff as required by Section 7(1) of the 2001 Act, the Respondent did not object to the Hearing proceeding with the case.
In considering the Claim under section 10 of this Act, the Respondent operates a pro-rata payment of the bonus based on the service of part-time staff compared to full-time staff. Therefore, the difference in treatment of part-time staff is consistent with the principle of non-discrimination as required by the Act. It is therefore objectively justified and not in breach of the Act.
I do not find the claims well founded and they fail
Dated: 15th December 2016