ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00000908
Parties:
| Complainant | Respondent |
Anonymised Parties | Library Assistants | Local Authority |
Complaints for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00001170-001 | 30/11/2015 |
Date of Adjudication Hearing: 21/03/2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainants are Library Assistants working on part time Relief Panel. They have claimed that they were treated less favourably than comparable full time assistants. |
Summary of Complainant’s Case:
Workers in these libraries can be divided into two groups, those who are based in one specific location and those who are not based in one specific location. The Complainants are referred to “Relief Panel” and can be assigned to attend any of the Branch Library locations or Headquarters on any particular day depending on service needs and staffing requirements. All Complainants are temporary part time assistants. The Comparator for this complaint is PMcC, named at the hearing. 1)Saturday Allowance |
Full Time staff if rostered receives a payment of €13.35 (previously €14.05) per Saturday worked. The Complainant Part time staff do not receive this allowance. The reason why they do not receive this is because their contract provides for being rostered on Saturdays.
Until August 2014 all staff who worked on Saturdays received an allowance. In August 2014 a number of temporary full time and part-time Assistants were recruited.
These temporary part time assistants working on Saturdays did not receive this allowance. Following discussions management advised that this allowance was paid to staff who work Saturdays based on a five day week. It is the union’s contention that this allowance is paid to permanent staff. This is less favourable treatment and a breach of this Act.
2) Travel Allowance
This applies only to Complainant KO’S.
Until August 2014 all Library Assistants who were not based in a Branch i.e. Relief Panel received monthly payments equivalent to the value of a monthly short hop bus and rail ticket. Relief Assistants who work full time received full payment and part timers receive it on a pro rata basis. The Complainant was recruited after August 2014 and it does not apply to her. She is being treated less favourably than full time comparators and is in breach of the Act.
Summary of Respondent’s Case:
1)Saturday allowance |
They stated that Full Time assistants are based in the Headquarters, if they are rostered over five days including a Saturday they receive thiis allowance.
The Relief Panel were recruited to supplement the service. They are not based in Headquarters and so have no formal base. Their work is optional whereas the full time is not. Full time staff do not have a choice whether to work Saturdays or not. This is the objective grounds to justify this payment to the full time staff.
2) Travel Allowance
The full time staff are based in Headquarters. The Relief Panel are not based there; they don’t have a base and may be allocated to any of the libraries in this jurisdiction, subject to their agreement to travel. Whereas the full time staff work from their base and if they are allocated to any of the outside libraries they must travel there and so have to travel from their base and they get this allowance.
The Relief Panel have a choice to go or not, the full time staff do not have a choice.
Findings and Conclusions:
This At provides that part time employees may not be treated less favourably than a comparable full time unless it can be objectively justified. |
1) Saturday allowance
I note that the Complainants are part of a Relief Panel.
I note that it’s the Respondent’s position that the Relief Panel has a choice whether to work Saturdays or not, whereas the permanent employees do not have a choice.
I note that if the Relief Panel work the Saturdays they do not receive the Saturday Allowance.
I do not accept that as objective justification for not paying part time staff the Saturday Allowance.
Therefore I find that they are treated less favourably than a comparable full time employee.
I find that the Respondent has breached the Act.
2) Travel Allowance
I note that this complaint only applied to Complainant named KO’S.
I note that the permanent staff have a designated base, whereas the Relief Panel did not.
I note that the permanent staff are given a travel allowance when they are required to travel to outside libraries but the Relief Panel who have to travel from their base do not receive it.
I find that I do not accept this as objective justification for treating this part time employee less favourably than a comparable full time employee.
I find that the Respondent has breached this Act.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
1) Saturday allowance
As per Sec 16 (2) a) of the Protection of Employee (Part Time Work) Act 2001 I have decided that this complaint is well founded.
As per Sec 16 (2) b) I require the Respondent to comply with the provisions of Sec 9 and to reimburse them with their economic loss incurred. |
As per Sec 16(2)c) I require the Respondent to pay each of the Complainants €1,000 in compensation for breach of their rights under this Act.
This is to be done within six weeks of the date below.
2) Travel Allowance
As per Sec 16 (2) a) of the Protection of Employee (Part Time Work) Act 2001 I have decided that this complaint is well founded.
As per Sec 16 (2) b) I require the Respondent to comply with the provisions of Sec 9 and to reimburse her with the economic loss incurred. |
As per Sec 16(2) c) I require the Respondent to the Complainant €300 (three hundred) in compensation for breach of her rights under this Act.
This is to be done within six weeks of the date below.
Dated: 08 May 2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words: part time