ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference:  ADJ-00030214

Parties:

Complaint(s):

Date of Adjudication Hearing:  03/03/2021

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.

Background.

The dispute centres on the non-payment of 1 hour pay per week as a result of the roster associated with his position in the employer’s location.

 Union Position

 The employee is the designated porter for the day ward, and he has held that position since August 2009. Up to August of 2020 the employee ‘s roster pattern required him to work from 8.30am to 5 pm   which equated to working 40-hour week when unpaid breaks are deducted from his weekly hours. The standard and contracted working week for his grade is 39 hour per week with a premium payment of time + one half for work undertaken beyond the standard working week. The employee raised the issue of his roster on numerous occasions which eventually led to the reduction of his weekly hours to 39 hours from August 2020.

The employee has worked an additional unpaid hour for a total of 11 years.

The Union submitted that the employee was owed a total of €12,278.74.

The employer has offered €2500 plus 46 hours in time in lieu which has been rejected.

Employer position

It was submitted that the employee complained to the management who undertook a review of his HR information on their SAP/HR Payroll system. Following the review, it was proposed that the employee would be offered time back (Time in Lieu) and payment for hours that did not appear to have been taken back at basic rate for payment.

The offer to the employee was sent to him on the 22nd August 2020 and again on September 4th, 2020. In summary the offer proposed 46 TOIL and a once off payment of €2500 in full and final settlement of this claim

 The employer stated that they were prepared to increase the amount TOIL outstanding to 63.9 hours instead of the 46 hours to be taken in a manner agreed between the employee and Management within the next three months.

Findings

Both parties made written and verbal submission

It is agreed that there is an amount due to the employee however there is a gap between what the employee is claiming and what the employer is proposing.

 The employee is claiming  a total sum of €12278.74 and the employer is proposing €2500 plus 63.9 TOIL hours.

I find that having examined all documentation I am making the following.

Recommendation

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

On the strict understanding    that this recommendation is without precedent or prejudice it cannot be used by either party is any future dispute that may arise between them.

That the employer pays the employee a once off payment of €4500 plus 40 TOIL hours to be taken by agreement between the employee and the employer within the next 3 months

Dated:   18/06/2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

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