ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00004454
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | Transport Service Industry |
Complaint:
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-00000471-001 | 28/10/2015 |
Date of Adjudication Hearing: 02/03/2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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:
Summary of Complainant’s Case:
The claimant is aggrieved that he carries out a security function in addition to his other roles that does not attract the rate for the job. |
Summary of Respondent’s Case:
The claimant only does one of several security duties and has not completed the appropriate examinations for the other security functions. It was submitted that the claimant accordingly had no entitlement to the higher rate. |
Recommendation
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I have reviewed the evidence presented at the hearings and note that there are ongoing direct discussions on the matter of grading and premium payments. I note these matters are of collective concern and will have to be processed through the Labour Court Machinery if needs be. I accept the union’s contention that there has been an inordinate delay in the processing of the claimant’s grievance and I am accordingly recommending in full and final settlement of his grievance that he be paid a compensatory sum of €500 for the distress arising from these delays. I recommend that payment be made within 4 weeks of today’s date. This recommendation is unique to the circumstances of this dispute and cannot be relied upon in any other forum.
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Dated: 19th July 2018
Workplace Relations Commission Adjudication Officer: Emer O Shea