ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00020053
Parties:
| Complainant | Respondent |
Anonymised Parties | A Third level Lecturer | A Third level College |
Representatives | Peter Glynn SIPTU | Darragh Whelan IBEC |
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-00026529-001 | 26/02/2019 |
Date of Adjudication Hearing: 30/04/2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Adjudication Officer Jurisdiction
(Specifically, regarding Industrial Relations Act, 1969 Section13 (2) “Body of Workers” claims.)
The issue at the centre of this claim – the College Sick Pay Scheme - is clearly of a collective nature and as such is not within the jurisdiction of an Adjudication officer as per Section 13 (2) of the Act.
There are significant Labour Court precedents in this regard. Labour Court Appeal Decision of November 2013 AD 1387Shannon Airport and a Worker would be an example where the Court clearly sets out the reasoning involved.
As such, by strict Technicality, the claim in this case cannot proceed and must be set aside.
Notwithstanding this acknowledged lack of Jurisdiction, I pass an Industrial Relations comment that the issue involved is of importance to individuals who for no fault of their own exceed their sick pay entitlements. Being without sick pay is certainly not a situation that should pass unobserved particularly, as in this case, the problem arose from an extended period of Sick absence earlier in the 4 Year period.
The basic issue involved should form the subject of an early discussion between the Employers and the Trade Unions involved.
Background:
The issues in contention concern the operation of the College Sick Pay system -specifically the “rolling four year” rule in relation to eligibility. |
1: Summary of Complainant’s Case:
On the basis the College calculated the Sick Pay “rolling 4 Year Average” in the manner described he was left without sick pay for a period in late 2018. |
2: Summary of Respondent’s Case:
The manner the 4 Year rule was implemented was in full keeping with all accepted HR Norms in the Education Sector. |
3: Findings and Conclusions:
As the claim has clearly a Body of Workers implication I do not have jurisdiction and the claim is set aside. |
4: Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Act | Complaint/Dispute Reference No. | Summary recommendation /Please refer to Section 3 above and Procedures preamble for detailed reasoning. |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00026529-001 | Under Section 13 (2) of the IR Act of 1969 the claim has a clear Body of Workers implication. Accordingly, I have no Jurisdiction and the claim is set aside. |
Dated: 30th September 2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
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