ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00011008
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Public Body |
Dispute:
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-00014612-001 | 28/Sep/2017 |
Date of Adjudication Hearing: 1/May/2018
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 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.
Complainant’s Case:
The complainant is in dispute with his employer regarding payment of a travel allowance, which he contends he was entitled to by his contract of employment and which was paid to him from the beginning of his employment until it was unilaterally withdrawn in 2012. |
Respondent’s Case:
The claimant was employed first as a temporary worker in February 2005, and then subsequently on a permanent basis. His contract of employment stated that he would be initially assigned to a certain area, where a Works Programme was being carried out and that he would reside in that area. In March 2012 the complainant transferred to a specific Plant, and it was no longer appropriate to pay mileage to and from his base of work. It is submitted that in accordance with the Organisation of Working Time Act 1997, “working time” means any time an employee is at his or her place of work. It is not appropriate to pay mileage to employees to travel to their base, and this is also in line with Revenue rules which clearly state that “travel to and from work is the employee’s private travel. It is not a business journey”. |
Findings and Conclusions:
The logic of the cessation of the travel payment is understandable and I note the Revenue rules regarding not paying mileage from employees’ homes. However, the fact that the travel allowance was paid to the complainant in this instant case from the commencement of his employment to 2012 and the unilateral withdrawal without notification should be taken into account. The complainant’s base is his place of work, and this recommendation should not be used as a precedence. I recommend that the respondent should pay to the complainant the net sum of €2,160 compensation, which is estimated at 1.5 times the annual loss. This is in full and final settlement of his dispute. |
Recommendation:
I recommend that, in full and final settlement of this dispute, the respondent should pay to the complainant the net sum of €2,160 compensation.
Dated: 19th June 2018
Workplace Relations Commission Adjudication Officer: Gaye Cunningham