ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00025496
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A State Body |
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-00032424-001 | 22/11/2019 |
Date of Adjudication Hearing: 06/02/2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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 complainant contends that he should receive the same telephone allowance that his colleagues are paid because his employer also contacts him after office hours regarding work matters. |
Summary of Complainant’s Case:
The complainant has been acting in his current role since 2012. Although he was informed by his employer that his terms and conditions would be no different to his work colleagues, he learned in 2016 that they were all in receipt of a telephone allowance which he did not get. He claimed that because he also takes calls outside of working hours, he should receive the same allowance. Despite having made contact with his union and subsequent engagement thereafter with management, he has not been paid the telephone allowance to date. |
Summary of Respondent’s Case:
The respondent stated that an agreement was reached with the union in 2012 whereby the telephone allowance would no longer be payable to new team members. It was also claimed that the claimant was rarely telephoned after working hours and that there was never an absolute necessity to do so. |
Findings and Conclusions:
I note that there has been considerable delay in the complainant making this claim although he became aware in 2016 that his colleagues were in receipt of the telephone allowance. I also note the respondent’s assertion that it is not absolutely necessary to contact the complainant after working hours. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
In light of the findings above, I recommend that: (i) the complainant be paid €700 in back pay in full and final settlement of this claim. (ii) the respondent should cease contacting the complainant by telephone after working hours and that this should take effect from the date of acceptance of this Recommendation. This Recommendation reflects only the specific circumstances of the complainant should not be taken to have a wider implication for other employees |
Dated: 7th April 2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
|