ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00013614

Parties:

Complaint(s):

Date of Adjudication Hearing: 31/10/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

Background

The claimant submitted that the respondent is deducting basic pay for being absent from work due to taking of the 11-hour health and Safety equivalent compensatory rest due to obligatory shift over runs that reduce this rest period. The claimant submitted that he feels this as a financial penalty expressly forbidden under the act

He submitted that he is seeking the deducted pay restored. He is further seeking to end this practice of deducting pay in these circumstances

In his submission the claimant states “that this is not a case to determine if I can avail of equivalent compensatory rest. That matter has already been decided upon in Labour Court case DTW71484 and subsequently by the respondent

The respondent submits that the issue of compensatory rest is one of many national issues that are currently the subject of discussions under the auspices of the Workplace Relations Commission between the National Ambulance Service (NAS) and the Trade Unions.

The respondent submitted by way of information the that the issue of compensatory rest periods has been referred to the WRC conciliation service.

Findings

The complaint was received on 21st June 2017

Both parties made written and verbal submissions at the hearing

I find that based on the information as submitted that the issue of compensatory rest is the subject matter that has been referred to the conciliation service of the WRC I find the issue the claimant has raised is being dealt with in the appropriate forum.

I find that the claimant confirmed at the hearing that he was a member of the SIPTU that discussions were taking place at the WRC conciliation on this very issue.

I find that the claimant has a right to take an individual case however he is knowing that this issue was being dealt with on a national level is a waste of resources.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I decide in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Based on the evidence I find the claimant has not been penalised for taking a case however the parties to wait the outcome of the national discussions taking place on this issue.

Dated:   23rd January 2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell