ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference:

Parties:

	Worker	Employer
Anonymised Parties	A worker	An employer

Representatives

Andrea Cleere SIPTU

John Farrell IBEC

Dispute(s):

Act	Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969		30/06/2021

Workplace Relations Commission Adjudication Officer: Conor Stokes

Date of Hearing: 5th May 2022

Procedure:

In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)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 information relevant to the dispute.

Background:

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

Summary of Workers Case:

The worker submitted that the sick pay scheme was not adhered to in relation to payment for a Covid 19 contact case absence. He submitted that he should have been paid his full wages including an overtime allowance payment in respect of the time during which he had to remain absent from the workplace as a result of being a close contact of a covid positive person.

Summary of Employer’s Case:

The employer submitted that the worker was paid in accordance with the sick pay scheme in operation. In addition, the employer submitted that the issue has not been explored to conclusion at a local level in that this matter affects a group of employees and needs to be agreed on a local basis

Conclusions:

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

I am satisfied that this matter may affect a number of employees and furthermore that the matter has not been exhausted at local level.

Recommendation:

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

I recommend that the parties seek to conclude matters at local level and in that regard return to local negotiations to find a durable solution to this matter.

Dated: 07/12/2022