ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002682
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, 1969 |
CA-00001516-002 | 16/12/2015 |
Date of Adjudication Hearing: 30/05/2016
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:
Loss of earnings due to compulsory re-deployment and/or failure to provide compensation, as paid to other Catering Department staff, under the Haddington Road Agreement. Since July 2012 the Claimant has sought to resolve the situation. In April 2013 the Respondent acknowledged her loss and was entitled to compensation. |
Respondent’s Submission and Presentation:
The Respondent stated that the Claimant was treated favourably by them. She was advised of a vacancy in catering but failed to apply for it. She is currently in a clerical role and as a result is paid at a higher grade than the role demands to maintain her pay as a catering supervisor.
She has been offered compensation that she is seeking subject to her signing a contract for her clerical role but she has refused.
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.
Issues for Decision:
Claimant’s entitlement to compensation for loss of her catering role.
Legislation involved and requirements of legislation:
Section 13 on the Industrial Relations Act 1946
Decision:
I have considered the submissions of both parties. The Claimant declined to apply for a vacancy in the catering area but has benefitted by being paid at a clerical grade that is higher than the role demands.
I recommend that she be paid her entitlement to the compensation as stated at the Hearing only when she agrees and signs the contract for her clerical role that she currently holds.
Dated: 6th October 2016