ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000906

Complaint(s)/Dispute(s) 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, 1946	CA-00001270-001	04/12/2015

Date of Adjudication Hearing: 22/03/2016

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with section 13 of the Industrial Relations Act, 1946 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:

The complainant was engaged by the County Council on a number of specific purpose contracts between 20/04/2013 and 18/09/2015. On termination of her employment she had in excess of two years service with the Council and they failed to consider her for an ex-gratia payment in line with the provisions of the public servants collective agreement. Her contract was not renewed despite the fact that the Council continued to engage Gateway workers to do work similar to that for which she was employed to do.

Respondent’s Submission and Presentation:

The complainant was employed by the Council on a number of successive contracts between April 2013 and September 2015. She was appointed to backfill in respect of assignment of employee A until 31^st May 2015 and to temporarily fill a role caused by the absence of Employee B. The complainant’s contract ended on 18^th September 2015. It is argued that this complaint is not appropriate to the terms of the Croke Park Agreement Section 1.5 Reduction in Public Service Numbers. The position the complainant filled on a temporary basis is not redundant.

Decision:

I note that the complainant had a number of fixed purpose contracts, the latter of which covered the absence of employee B. That employee is due to return to work and therefore a redundancy situation cannot be said to have occurred and the terms of the Public Sector Agreement cannot be applied. However, I note that employee B has not returned to work and the complainant was not offered any further extension to her employment which might have been a fair situation. I recommend that strictly in these circumstances, and without precedent, that the compensatory sum of a fortnight’s net pay in the sum of €972 be paid to the complainant in settlement of her claim.

Dated: 13^th June 2016