ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00014781

Parties:

DIDPUTE

Date of Adjudication Hearing: 29/08/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 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.

BACKGROUND.

The Complainant has been employed with the Company since 1995. He is currently employed as a Support Driver and is paid £856.00 gross per 39 hour week. The Complainant referred a dispute to the Workplace Relations Commission on 21st May 2015 in relation to the payment of subsistence in line with a Collective Agreement of 1st September 2017.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant was initially employed as a plane fitter that involved travelling to various sites and he was paid subsistence on a weekly basis. He assumed the role in Plant Stores Department in a set location and agreement was reached with the Respondent to compensate him for the loss of subsistence. However, on occasions he was working away from his Base and in those circumstances he was paid subsistence. In August 2017 he moved to a Role of Support Driver in a specified Department but the Respondent is now refusing to pay him subsistence. This is in breach of a Company/Union Agreement dated 1st September 2017 – copy provided to the Hearing.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent did not attend the scheduled Hearing 0n 29th August 2018.

FINDINGS AND CONCLUSIONS.

On the uncontested evidence of the Complainant I find as follows

The Complainant stated he was employed as a Support Driver since August 2017 but is not paid subsistence – payslips provided to the Hearing.

There is a Collective Agreement between the Respondent and SIPTU dated 1st September 2017 which provides as follows under the Heading Subsistence Payment – We agree to a payment of £12.00 per day for all employees who qualify for a subsistence payment in accordance to current rules.

RECOMMENDATION.

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute. On the basis of the evidence and the uncontested evidence of the Complainant, I recommend the Respondent pay the Complainant subsistence in accordance with the Agreement dated 1st September 2017. This to be paid to the Complainant within 42 days of the date of this Recommendation.

Dated: 12th December 2018  

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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