ADJUDICATION OFFICER DECISION 

Adjudication Decision Reference: ADJ-00002062

Complaint(s)/Dispute(s) for Resolution:  

Date of Adjudication Hearing: 13/07/2016

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure: 

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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).

Attendance at Hearing: 

Background

The claimant is employed by the respondent as a glazier since March 1993. In 2000 he was promoted to supervisor and 2001 as production Manager. It was submitted on the claimant's behalf that since 2008 his rate of pay per hour was reduced from €19.60 to €15 .00 per hour on in May 2015. The union submitted that the claimant should be paid €17.21 and he has refused to sign a contract that does not reflect this rate of pay.

The respondent submitted that the complaint form received stated “I do not have a written Contract of Employment. A contract was presented to me for signing, but I could not sign the Contract as it did not outline the correct rate of pay for my trade”. It was submitted that this issue was referred to the Labour Relations Commissioner under r-145445-ir-14. Resolution of this earlier complaint was received by written agreement on the 5th November 2014. In the respondent's submission, it was submitted that the claimant was asked to take on the position of General Manager in 2009. He was presented with a draft written contract for this position dated the 24th August ’09 as per attached to the submission. It was noted that the claimant did not wish to enter into a signed contract.

Findings 

I find that having examined all documentation presented, a contract of employment was presented to the claimant on a number of occasions. I find that the issue is not the contract of employment but the rate of pay the claimant has. I find that in the respondent‘s submissions that the rate of pay has been increased in June 2016 and the claimant was made aware of this fact. I find that the issue in dispute is the claimant’s rate of pay which is not before me.

RECOMMENDATION

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.

I find the claimant was provided with a contract of employment and I cannot recommend concession of his claim.

DATE:           11^th November 2016