ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00031462
Parties:
| Complainant | Respondent |
Anonymised Parties | A Supervisor | A County Council |
Representatives | Jay Power SIPTU |
|
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-00042030-001 | 18/01/2021 |
Date of Adjudication Hearing: 02/06/2021
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 Complainant has long service with the Respondent. |
Summary of Complainant’s Case:
The Complainant was promoted to acting Supervisor in 2018, and was appointed Supervisor in 2019. The Complainant covers all works, call out and on call which exceeds his 37 hour contract and has not been compensated. He was assured outstanding money would be forthcoming. The Complainant has engaged locally to obtain pay parity with another member of staff carrying out the same role in respect of pay, allowances and extras to no avail. He relies on recommendation ADJ-00011379 A Driver v A County Council. The Respondent says payments to the other member of staff in respect of 7 hours per week is red-circled. |
Summary of Respondent’s Case:
The Respondent says the role of Supervisor and its terms were set out and accepted by the Complainant in 2019. The Complainant’s contract is for 37 hours not 39 hours which applies to the previous role. The Supervisors roles were restructured some years ago with all allowances removed and a personal post holder payment made instead. This payment does not apply to the Complainant. Efforts to resolve this dispute have been made. |
Findings and Conclusions:
I have heard and considered the written and oral submissions of the parties. The terms and conditions of employment of the role of Supervisor were outlined by the Respondent and were accepted by the Complainant in 2019. I recommend the Complainant is paid two hours overtime for Saturday or Sunday for 26 weeks annually, the on call standby allowance of €80.64 for 26 weeks annually, and a one-off payment of compensation of €10,263.00 in respect of the dispute be paid by the Respondent to the Complainant. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend the Complainant is paid two hours overtime for Saturday or Sunday for 26 weeks annually, the on call standby allowance of €80.64 for 26 weeks annually, and a one-off payment of compensation of €10,263.00 in respect of the dispute be paid by the Respondent to the Complainant. |
Dated: 15th September 2021
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Acting up Supervisor, on call, allowances |