ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00035279
Parties:
| Worker | Employer |
Anonymised Parties | A Vehicle Inspector | A vehicle testing Company |
Representatives | Anne Flynn of SIPTU | Did not attend |
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 | CA-00046399-001 | 27/09/2021 |
Workplace Relations Commission Adjudication Officer: Michael McEntee
Date of Hearing: 27/06/2022
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.
This matter was heard by way of remote hearing and in person hearings 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.
Arising from Covid the preparation of the Recommendation was regrettably delayed.
Background:
The dispute concerns a Worker’s allegation that he was unfairly and unjustifiably removed from the Employer Sick Pay scheme. The employment began on the 29th August 2005 and at the date of dispute referral, continued. The Rate of Pay was stated to be € 1,200 per fortnight for a 39-hour week. The Worker is seeking reinstatement to the Sick Pay scheme and repayment of monies allegedly owed. |
1: Summary of Workers Case:
The Worker was involved in a Disciplinary Hearing on the 3rd June 2021. The outcome was not in the Worker’s favour and an immediate appeal was lodged by SIPTU. Prior to the Appeal being heard the Worker became ill and was off on Sick leave from the 6th August until the 10th September 2021. The Employer paid for four weeks sick pay but declined to pay the remainder to the stated value of €1,600. The explanation offered by the Employer was that the Worker was in the Disciplinary Process and as such was not entitled, in their interpretation of the Scheme, to Sick Pay. SIPTU Official, Ms Anne Flynn, pointed out that the withholding of Sick Pay during a Disciplinary Appeal process was completely outside of all normal industrial procedures, was not provided for in any Collective Agreement with the Employer and was tantamount to a blatant penalisation of the Worker for exercising his right to Appeal the Disciplinary sanction. An immediate payment of the disputed sum was called for. Correspondence between the Parties was provided as supporting material. |
2: Summary of Employer’s Case:
The Employer declined to attend the Hearing stating by way of explanation the as the issue was still within “Internal procedures” an Adjudication Hearing would be very detrimental to the normal industrial relations procedures of the Company. Correspondence between the parties was provided to support the case. |
3: Conclusions:
In conducting my investigation, I have considered all relevant submissions presented to me by the parties.
The non-attendance of the Employer was disappointing. It is not that the Managers or their Representative Body are unfamiliar with the procedures of the WRC.
The SIPTU Official is a very well known and most respected long-standing Official.
It is fair to say that she would not have a record of bring spurious claims to WRC Adjudication. She gave excellent Oral testimony to the Hearing as did the Worker.
In the absence of the Employer, (who was well notified of the time and place of the Hearing) to rebut the allegations the Recommendation must be in favour of SIPTU.
Accordingly, the Recommendation is in favour of SIPTU and the Worker.
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4: Recommendation:
Dispute Ref: CA-00046399-001
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
It is Recommended that the claim of the Worker for arrears of Sick Pay is paid in full.
The amount stated was approximately €1,600.
Dated: 8th November, 2022
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Sick Pay, Disciplinary Process, Withholding of Sick Pay during Disciplinary Appeal. |