ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007313

Parties:

Complaint(s):

Date of Adjudication Hearing: 29/05/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

Section 13 of the Industrial Relations Acts 1969] 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).

Background

The claimant is employed by the respondent since the 1st July 1998.

The claimant is seeking loss of earnings arising from the transfer of the respondents refuse/recycling service to a third party. It was submitted on behalf of the claimant that he has a loss of earnings of €100 per week since the transfer of the service. It was submitted that all other similar bodies to the respondent paid the terms of the agreement to comparable staff employees for the loss of the service.

The respondent for their part submitted that they had an agreement with the Trade union covering   terms and conditions of staff that were at that time directly involved in the operation of the service. It was submitted that the claimant’s substantive post is that of General Operative and he held a place at that time on the” float Roster” and was never permanently assigned to a vehicle for the operation of refuse/recycling service.

The issue of compensation was previously raised by the Union prior to the agreement and the respondent had informed them that there was no entitlement to compensation for the staff in question unless they had been assigned in a full-time capacity to the service.

The respondent further submitted that in the 2 years prior to the agreement the claimant was only assigned to the service collection vehicle approximately 35 weeks out of 104 weeks.

The claimant did not receive and was not entitled to any acting allowance when he was absent from work or on leave.

In December 2012 an early morning position on a weekend beat was subsequently offered to and accepted by the claimant of an additional 18 hours per week.

Findings

Both parties made written and verbal submissions at the hearing.

Additional information was requested from the parties and they were allowed additional time to submit it.

I find that the Trade Union submitted additional information from other appropriate /similar bodies where compensation was paid out to employees in the same situation as the claimant.

I find based on the figures supplied the claimant had a gross loss of income between 2011 and 2012 of €3732.

However I find that the claimant’s income was substantially increased from 2013 onwards. I find that taking on board the claimant only worked 35 of 104 weeks and the fact he had a loss in income for 2012 of €3732 I am making the following recommendation .

Recommendation:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

The claimant should be paid the sum of €1200 gross in full and final settlement of his claim.

Dated:   2.11.2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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