ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference:  ADJ-00030116

Parties:

Complaints:

Date of Adjudication Hearing:  08/03/2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

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.

This matter was heard by way remote hearing pursuant to the Civil law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

No objections were raised to the remote hearing

Industrial Relations Acts, 1969

CA-00040201-001/ Ca-00040754-001/Ca-00040760-001

Background

The employee stated that he was in receipt of payment of one’s hours overtime per day for responsibility of opening and locking up the machinery yard. This payment was removed in 2019.

Union position

The union stated that the employee was employed as a Workshop foreman.

Since 2008 he has been opening and locking up the machinery yard.  This payment was removed in 2019 notwithstanding the fact that it was custom, and practice and he has been in receipt of same since 2008. It was stated the internal grievance procedure have been exhausted.

Employer’s position

The employer stated that this was part of a settlement made under an adjudicator where they paid out € 10,000 as compensation.

They further stated that this work was being carried out by other Managers and they were not agreeable to give another payment.

Findings

I find that both parties disagreed over the contents/application of the previous adjudicator’s recommendation.

I find employee submitted a claim to the WRC on the 5th of May 2017 that he was not appropriately paid for duties he undertook on behalf of the employer.

I find it was also stated on the form by the employee that he is in receipt of this payment since 2008.

I find that this is not a new claim but was dealt as part of the recommendation under ADJ-0008650. 

I find that based on ADJ -00008650 recommendation this dispute has been settled.

Decision:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

I recommend that I cannot support the employees’ case and I hold the employer’s position.

Dated:   July 12th 2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

Key Words: