ADJUDICATION OFFICER DECISION

 Adjudication Decision Reference: ADJ-00003142

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

Date of Adjudication Hearing: 17/08/2016

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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).

Attendance at Hearing: 

 Background 

The claimant is employed by the respondent as a driver/mover cutting grass and it was submitted as part of his responsibility was to make sure that the machine with 12 nipples was greased on a daily basis. The claimant's rate of pay was €15.64 and he was allowed 1 hour per day to carry out this work. The respondent decided to remove this process and they refused to compensate the claimant for the loss in earnings as a result. It was submitted that the claimant's losses amounted to €78.2 per week x 47 working weeks giving a total €3675.40. This allowance was removed in June 2014 and the usual compensation for loss of earnings was twice the annual loss.   The Union submitted that the respondent had compensated another employee for similar loss albeit he was driving a larger machine.

The respondent disputed the claimant’s entitlement to compensation. The respondent submitted that the number of weeks the claimant would be cutting grass would be in the region of 40 weeks. It was submitted on their behalf that it was not necessary to grease the nipples every day. They pointed out that the cost of the machine involved did not warrant this ongoing cost.

Findings

Both parties made submissions at the hearing. I find that having examined all the evidence the claimant carried out the work of greasing the nipples every day and he was paid €15.64 for the hour involved. I find that it is the respondent’s position to decide the need/requirement to grease the nipples on the machine. I find that the argument of 40 -47 depends largely on the weather. In those circumstances, I find that 45 weeks as a reasonable compromise. I find the respondent already paid compensation to another employee, albeit for greasing a larger machine. I find that in accordance with the Public Service Pay Agreement (Croke Park/Haddington Road/Lansdowne Road) the compensation for loss of earnings has been based on 1.5 times the annual loss. I am making the following recommendation on that basis.

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.

A .         The claimant is paid compensation in line with the Public Service Pay Agreement of 1.5 times

the annual loss i.e. €15.64 x 5days = €78.2 x 45 weeks=€3519 x 1.5 annual loss =€5278.50 gross for the loss of earnings.

B             This recommendation is without precedent and cannot be used by either party in any future

case that may arise between them.

Dated 16^th November 2016