ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001678
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-00002291-001 | 01/02/2016 |
Date of Adjudication Hearing: 28/06/2016
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:
It is company policy to pay a top on Maternity Allowance, they have paid it to other employees but I have been refused. The Claimant is seeking to be paid in accordance with the company policy on maternity and adoptive leave. There is no place in this policy that says neither that the payment must be funded by the Dept. of Social Protection (DSP) nor that it is denied to team leaders. |
Respondent’s Submission and Presentation:
The DSP funds the initiative which employs the Claimant. The DSP in this initiative does not made provision for or provide the funding for a maternity top-up that she is seeking. The matter was raised with the DSP but there position has not changed. This is also, the case with similar organisation such as the respondent. There is simply no funds available and it is not provided for in the Claimant’s contract.
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.
[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]
Issues for Decision:
Has the Claimant an entitlement to a top-up on her maternity leave pay?
Legislation involved and requirements of legislation:
Section 13 of the Industrial Relations Act, 1946.
Decision:
I have considered the submissions of both parties. The DSP funds the Respondent’s organisation and do not provide for the maternity leave top-up. It is not included in her contract and the Respondent does not have funds to cover it.
I therefore do not find the claim well founded and it fails.
Dated: 20 September 2016