ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00012969

Parties:

Complaint(s):

Date of Adjudication Hearing: 19/03/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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

Background

The claimant commenced employment with the respondent on the 1st May 2006 as a warehouse operator. He is currently is employed as an operator and the respondent also uses the services of the claimant as a relief driver. Whilst the claimant has not driven since 2016, he is very much aggrieved at the fact whereby the respondent has called on four other warehouse operators from the ambient as full-time drivers.

The claimant submitted that he has been completely bypassed by the respondent without any recognition for his seniority in driving for the respondent. In conjunction with same, other relief drivers would have been engaged by the respondent with their title known as ambient warehouse operative’s relief driver

The claimant came off the road for personal reasons in 2013 but under no circumstances did he ever relinquish his post of driver.

The claimant has been driving on different occasions and was always paid the old legacy rate of pay. It was submitted that the claimant covered another driver on the 14th August and again on the 9th November 2015 and he was paid the old legacy rate of pay.

The union submitted that the respondent acted in a very unfair and unreasonable manner by not granting the claimant a driving role with the payment of the old legacy rate.

The respondent submitted that in 2014 there were 22 employees in the respondent's location relief drivers. 21 of the 22 of these employees commenced driving duties across its own internal network, this resulted in employees within this pool being assigned to driving duties on a permanent basis

As such in 2015 following representations and assessment by the respondent in terms of business forecasts and requirements, it was confirmed that the respondent's driver headcount could be increased by 18 drivers from a pool of 22 above.

All 22 relief drivers applied for the 18 available permanent positions, following due process 18 were appointed as permanent drivers.

In 2017 following the second assessment of operational driving requirements the remaining 4 relief drivers were subsequently made permanent employees of the respondent.

The respondent submitted that the claimant never applied for the position and it is open to him to apply when positions become available.

Findings

Both parties made written and verbal submissions at the hearing.

I find that the claimant was a relief driver and in 2013 in requested to come off that role.

I find there is a certain amount of confusion in relation to whether the claimant came off the role on a permanent basis or was it as the claimant has stated just temporary.

I find that the claimant did relief driving on the 14th August and on the 9th November 2015 and as such, it stands to reason that the claimant came of those driving duties on a temporary basis.

I find that the respondent submitted that the position was advertised however the claimant disputes this.

I find taking all matter into consideration I am making the following.

Decision:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

That the claimant is put on the relief panel and that he is given the next available permanent position for drivers at his legacy rate of pay.

Dated:   04/06/19

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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