ADJUDICATION OFFICER RECOMMENDATION

 Adjudication Reference: ADJ-00014598 

Dispute

Date of Adjudication Hearing: 19/07/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with 13 of the Industrial Relations Acts 1969and 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 by the Respondent as a General Operative since 1st January 2008. He is paid £28,600.00 gross per week and he works 39 hours a week. The Complainant was the subject of Disciplinary sanction for a period of 12 months effective from February 2018. Following a Disciplinary Hearing the decision was made to dismiss the Complainant when he admitted he had taken money estimated at £1,510.00. This was appealed and following appeal a lesser sanction was imposed and he was to be transferred to the Housing Section with no access to cash. This section involves shift work and normally a shift allowance is paid. However the Respondent in this case refused to pay the shift allowance for the duration of his 12 month disciplinary sanction. The Complainant is claiming payment of the shift allowance for these 12 months and the dispute was referred to the WRC on 9th May 2018.

SUMMARY OF COMPLAINANT’S POSITION.

FORSA trade Union representing the Complainant argued that the Respondent had acted unfairly in denying him payment of the shift allowance for a work pattern in an area in which the Respondent relocated the Complainant and the fact of this relocation by way of a sanction has no bearing in this case. A shift Allowance is always paid in this work location and they are seeking payment of this allowance for the period of 12 months from February 2017 to February 2018 when it was restored to him.

SUMMARY OF RESPONDENT’S POSITION.

In December 2016 a discrepancy was noticed in the cash lodgements from the location where the Complainant worked. This was calculated at £1,510.00. Following a Disciplinary Hearing on 13th December 2016 a decision was made to terminate the Complainant’s employment. He was afforded a right of appeal and following an appeal Hearing on 12th January 2017 the decision to dismiss was not upheld for reasons identified and a lesser sanction for a period of 12 months was imposed. He was also informed he was to be transferred to a named location. This did not form part of the sanction. The sanction was he would repay the money, suspension without pay and a Final Written Warning. He was contacted by HR to arrange a meeting for repayment of the money taken. He did not and following two further reminders a meeting was arranged. The Respondent argued that the Complainant had admitted to the unlawful taking of £1,510. The Complainant sought the payment of the shift Allowance. This was referred to the Executive Manager in HR who had heard the appeal and who had issued the lesser sanction and he decided that it would be inappropriate to increase the Complainant’s remuneration. He did this following a disciplinary sanction for a most serious breach.

FINDINGS AND CONCLUSIONS.

On the basis of the evidence, written submissions from both Parties I find as follows – The Appeal in relation to the dismissal was heard by the Executive Manager of HR, named. He imposed a sanction of suspension without pay, repayment of the monies taken by the Complainant and a Final Written Warning for a period of 12 months. The evidence was that the Complainant was moved to a location where he would not have access to cash. Working in this location attracts a shift allowance in the normal way. The Complainant applied for this allowance. The matter was referred back to the Executive Manager in HR who had heard the appeal and he decided in all the circumstances of this case that an employee cannot be given increased remuneration when on a disciplinary sanction imposed for a breach of this nature. The evidence was that the Complainant is now in receipt of this shift allowance from February 2018 when the Final Written Warning had expired.

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, my findings above and in accordance with Section 13 of the Industrial Relations Act, 1969 I do not find in favour of the Complainant in relation to this dispute.

Dated:   17/10/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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