ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002349
Dispute 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-00003159-001 | 13/03/2016 |
Date of Adjudication Hearing: 16/06/2016
At; Workplace Relations Commission, Haddington Road, Dublin 4
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
The Complainant commenced employment with the Company on 1st March 2000. He referred a dispute to the Workplace Relations Commission on 13th March 2016 claiming that the Company had denied him entry into the Company Pension Scheme and that he had an entitlement to join the Scheme.
Summary of Complainant’s Position .
The Complainant joined the Company as a Gatekeeper in 2000. In June 2003 a new pension deal was agreed with the Unions which allowed all gatekeepers to join the Company Pension Scheme. The Complainant identified named colleagues who had commenced employment with the Company around the same time who all have been admitted to the Scheme. The Complainant was recommended for appointment as a Regular Wages Staff employee from 31st December 2015 and was stamped by the Manager on 12th January 2006 and was stamped by the Company on 1st August 2006. This is his effective date of appointment. He was 48 years old at that time.
The Complainant is seeking immediate entry into the Pension Scheme and that the Company make retrospective payments to the Scheme.
Summary of Respondent’s Position.
The Claim by the Complainant is for entry into the Wages Grade Pension Scheme. The rules of the Scheme require that an employee is between the ages of 20 and 50 years of age on appointment. These rules are enshrined in statute as the Company Pension Schemes are Statutory Instruments requiring the passing of a Statutory Instrument for any changes or amendments to the Schemes. The Complainant is alleging that two named colleagues were allowed to join the Scheme even though they were over the age of 50 years. The Respondent stated that this was not correct and the Complainant had been informed of this on a number of occasions.
SI 226/1957 is the Company Pension Scheme for Regular Wages Staff. This was amended by S.I. 120/1992 and again by S.I. 93/2001 to allow for the entry to the Scheme.
The Complainant currently has the option to apply for Voluntary Severance. The Company provided him with the financial details accruing to him if he opted for this. The Company also provided him with the financial details of his pension if he was allowed to join the Pension Scheme and the arrears due from the Complainant.
The Company also referenced a similar complaint that was taken to the Equality Tribunal In 2013 when the Complainant was age 52 years. The Tribunal found that the Company acted in a lawful manner in not allowing the employee to join the pension scheme on the grounds of age when the pension rules precluded such entry...
The Complainant is seeking that the Company allow him to enter the Pension Scheme when he is specifically excluded by statute from joining the Scheme.
Findings
On the basis of the evidence and written submissions from both Parties I find that as an Adjudicator of the Workplace Relations Commission I do not have jurisdiction to concede to this complaint on behalf of the Complainant and to grant him entry to the Company Pension Scheme which is determined by Statutory Instrument. This Statutory Instrument requires that employees cannot be given entry to the Scheme if the employee in question is over the age of 50 years when they become regular wages staff The Complainant was over the age of 50 years when he became a Regular Wages Employee.
I do not have jurisdiction as an Adjudicator of the Workplace Relations Commission to amend a Statutory Instrument to allow the Complainant entry into the Company Pension Scheme.
Date 1st September 2016