ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00017953
Parties:
| Complainant | Respondent |
Anonymised Parties | A Clerical Worker | A transport company |
Complaint(s):
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-00023154-001 | 12/11/2018 |
Date of Adjudication Hearing: 20/02/2019
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Acts 1969following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant has worked with the respondent continuously since 2012. His hours are variable and he is classified as temporary. He does not have access to the same conditions of employment as permanent colleagues. He was assured that his position would be regularised but this did not happen. |
Summary of Complainant’s Case:
The complainant commenced work with the respondent in 2010, initially covering sick leave. He was let go in August 2012 but re-employed in November of that year and has worked continuously since then. He has been seeking to be made permanent since then and does not receive the same benefits as comparable full-time employees. He has not received any increments and cannot avail of the flexible working hours scheme and is not in the pension scheme. His hours fluctuate depending on what role he is performing on a particular week. He was promised in August 2018 that his position would be regularised but this has not happened. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
I am satisfied that the respondent was notified of the hearing by letter dated 16th January 2019. In an email to the complainant on 15th August 2018 the HR Manager confirmed as follows; The existing regional structure has been realigned to meet our business needs. In this regard, and taking on board the contribution you have made over the last number of years I wish to advise it is the Company’s intention to regularise your position in the coming weeks. The respondent did not follow up on this commitment. In the circumstances I conclude that the complaint is well founded. |
Recommendation:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
I recommend that the respondent make the position of the complainant full-time and permanent on the appropriate scale. In this capacity he should receive all of the appropriate benefits which pertain to other employees in a similar role. I further recommend that he receive an annual increment in respect of each of his years of employment backdated to 2010. he should be admitted to the pension scheme and, If the rules of the scheme permit, he should be credited for his total service to date. |
Dated: 08/04/19
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Long term temporary. Not receiving appropriate benefits. Failure to follow up on commitment to regularise employment. |