ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00022093
Parties:
| Complainant | Respondent |
Anonymised Parties | A Craft Worker | A Health Service Provider |
Representatives | SIPTU |
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Dispute:
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-00028933-001 | 10/06/2019 |
Date of Adjudication Hearing: 13/11/2019
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following 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 worker is seeking to have an on-call allowance paid.
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Summary of Worker’s Case:
The worker was recognised as a Craft Grade worker in March 2016 following which an independent evaluation recognised the worker as Craft Foreman Grade. The worker has not received a payment of an on-call allowance associated with this grade despite LC R 21611 which addressed this issue and detailed “the claimant, in line with other staff…is entitled to benefit from all of the terms and conditions associated with that grade, including the on-call allowance, with effects from that date”. |
Summary of Employer’s Case:
The employer details that no craftsman foreman receives a weekly standby allowance which the worker is seeking and that such an allowance would amount to 10-15% pay which is precluded under PSS Agreement. It was also detailed that the worker is not on-call for the work that he is seeking the on-call allowance for. |
Findings and Conclusions:
The Worker is a long serving employee who, following job evaluation, holds the position of Craft Foreman.
LCR21611 details that as a Craft Chargehand, the complainant is entitled to benefit from “all the terms and conditions associated with that grade, including the on-call allowance”.
It was not clear from the submissions what the definition of “on-call is”.
I recommend as follows:
As per LCR21611 the worker is entitled to benefit from the on-call allowance. This “on-call allowance” should apply where the worker is clearly “on-call” as would normally apply. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend as follows:
As per LCR21611 the worker is entitled to benefit from the on-call allowance. This “on-call allowance” should apply where the worker is clearly “on-call” as would normally apply. |
Dated: 9th April 2020
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Industrial relations, on call |