Complainant

Respondent

Anonymised Parties

District Traffic Executive

Transport organisation

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-00018705-001

24/04/2018

The Claimant received a gross weekly pay of €1,096 per week. He was paid in cash very week. He had received a promotion. A new contract issued which stated that his wages would be paid by Electronic transfer of funds (EFT) to his bank account. He would no longer be paid in cash. The Claimant did not wish to be paid by EFT. He wanted his payment in cash to continue.

The Respondent made a preliminary objection to the case being heard on the grounds that

(a)    The Case was already heard by an adjudication officer in June 2017

(b)    Nothing had changed since then

(c)     Any decision on the facts of the case would have collective bargaining implications. There were around 130 staff in the organisation still being paid by cheque or cash, 10 of which had issues with any change to this method of payment.

As above

As above

I am tasked to facilitate the mediation of trade disputes and offer an opinion as to how such a dispute may be resolved. Any recommendation I would make would not have a strictly legal effect but rather rely upon the moral authority of the Workplace Relations Commission from which it emanates. I can only adjudicate on single person disputes and not on disputes with collective bargaining implications.

In this case, I agree that any recommendation I would make would have implications for collective bargaining vis-à-vis other employees who are similarly affected and in dispute with the Respondent.   The earlier decision of the Adjudication officer is correct.

I do not have jurisdiction to hear this case.  

This complaint is not well founded.