ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002741

Dispute for Resolution:

Date of Adjudication Hearing: 12/07/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with the Industrial Relations Act, 1969 and following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

The Complainant has been employed by the Respondent since 1977 until his Retirement on 23^rd October 2015. At the time of his retirement he was the sole remaining Officer in his Grade. The Complainant referred a dispute to the Workplace Relations Commission on 13^th April 2016 in relation to payment of “Time in Lieu” of hours worked with the Respondent.

Summary of Complainant’s Position.

The Claim is one of compensation for a specified number of hours worked outside of normal working hours which accrued as a result of a time off in lieu agreement for their Specified Grade arising from a Labour Court Decision. In carrying out his duties the Complainant travelled throughout the country to ensure compliance grants allocated by the Respondent were compliant.

There is no disagreement between the Parties as to the number of additional hours the Complainant had worked prior to his retirement. The dispute arises from the application by the Respondent of the Haddington Road Agreement.

The Agreement of 1990 provided for Premium Rates to be taken as time in lieu. However the HRA is silent on time off in lieu arrangements in the Respondent organisation. The Complainant accepts that the Respondent has made a gesture of goodwill and paid him a sum of €9547.37. However the Complainant is seeking payment for outstanding hours of 392 in line with the Agreement in existence prior to HRA in the sum of €3000.00

Summary of Respondent’s Position

The Complainant was paid time in lieu for all additional hours worked. However as the Complainant was nearing retirement age it became apparent that it would not be possible for the Complainant to take all his time in lieu. It was agreed with the Complainant that all time in lieu would be paid to the Complainant on his retirement.

Prior to the Haddington Road Agreement the Complainant would have been entitled to time in lieu at double time prior to 9.15am and time and a half after 5.15pm up to midnight and double time thereafter.

Different overtime rates were paid to other grades who were not given time in lieu and did not have an agreement to cover time in lieu.

However following the Haddington Road Agreement the overtime rates paid to grades was altered. The HRA came into operation in July 2013

The Complainant was paid for a total of 276 hours and 53.75 hours in final payment of his outstanding overtime from 2013, 2014, and 2015 up to his retirement. However the Complainant maintains he was owed 350.hours and 43.5 minutes in line with the agreement of time in lieu. This was the agreement that operated prior to HRA.

Findings

On the basis of the evidence and written submissions from both Parties I find as follows:

1. Both Parties confirmed that the Complainant is the sole remaining occupant of his Named Grade. Both Parties confirmed that the Complainant was covered by a Labour Court Recommendation from 1990 but neither party was in a position to provide a copy of this agreement but both confirmed that the Complainant was given time in lieu of all additional hours worked as follows Double time prior to 9.15 am and time and a half after 5.15pm to 12 midnight and double time thereafter.

2. Both Parties confirmed that all other grades are paid for all overtime worked in accordance with Collective Agreements.

3. Both Parties confirmed at the Hearing that these paid overtime rates were changed in the Haddington Road Agreement and that these changes have been applied to all other grades employed with the Respondent.

4. Both Parties confirmed that the Haddington Road Agreement does not cover Time in Lieu – copy provided by both Parties to the Hearing.

In accordance with the Industrial Relations Act 1969 I recommend that the Respondent pay the Complainant compensation of €3000.00 in full and final settlement of this dispute. This Recommendation is confidential to the Parties to this dispute and cannot be quoted in any other dispute involving the Haddington Road Agreement or otherwise.

Date:     28/10/2016