ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00013563
Parties:
| Complainant | Respondent |
Anonymised Parties | A Museum Worker | A Museum |
Representatives | Gilvarry& Associates | Mason Hayes & Curran Solicitors |
Complaint:
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-00018055-001 | 20/03/2018 |
Date of Adjudication Hearing: 5/12/18 & 20/09/2019
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 has had an ongoing dispute with the employer regarding the application of incremental credit and the manner in which the employer has dealt with this dispute todate. |
Summary of Worker’s Case:
The worker submitted that he has had an going complaint since 2006 which was subject to a Labour Court hearing LC 19615 in 2009 and following which the application of incremental credit remains outstanding.
It was submitted that despite repeated requests the employer has failed to deal with it in an appropriate manner. |
Summary of Employer’s Case:
The employer submitted that any decision regarding incremental credit is a decision for the Department of Finance and that a review took place which determined that the worker did not qualify for incremental credit.
It was further submitted that as the dispute concerns a Labour Court recommendation from 2009 the complaint is out of time. |
Findings and Conclusions:
The worker had a dispute which was the subject of a Labour Court Hearing (LC19615) and having reviewed the documentation provided to me and submissions on the day, I note that for reasons which remain unclear, there has been little progression of the worker’s dispute.
My recommendation is therefore as follows: I do not uphold the worker’s specific dispute with regards to incremental credit. I do recommend that the employer should pay compensation to the worker of €350 for their failure to engage with the worker in timely and appropriate manner and due to the unique circumstances of this worker’s dispute. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
My recommendation is as follows: I do not uphold the worker’s specific dispute with regards to incremental credit. I do recommend that the employer should pay compensation to the worker of €350 for their failure to engage with the worker in timely and appropriate manner and due to the unique circumstances of this worker’s dispute. |
Dated: 21st May 2020
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Industrial relations act |