ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00000068

Parties:

	Worker	Employer
Anonymised Parties	Storeman	Cash and Carry

Representatives

Seamus Taaffe of Francis B. Taaffe & Co. LLP Solicitors

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	IR - SC - 00000068	11/04/2022

Workplace Relations Commission Adjudication Officer: Hugh Lonsdale

Date of Hearing: 08/09/2022

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 dispute arises from a reduction in hours suffered by the worker when he returned to work after a closure arising from the Covid pandemic.

Summary of Workers Case:

The worker says he has been on reduced working hours since September 2020 because of Covid restrictions. On the lifting of restrictions the employer did not return the worker to his normal terms of employment, working five days a week and the payment of his annual train ticket. This resulted in severe financial loss. Particularly, where two other employees, with less service than the worker, were returned to their full hours.

Summary of Employer’s Case:

The employer says the annual ticket was not renewed because of the severe financial problems encountered by them because of the Covid pandemic. When the employer re-opened after the first lockdown their business model changed and no longer had customers coming to the premises but made deliveries. Unfortunately the worker did not drive which meant there was only limited work available for him.

Conclusions:

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

The employer has ceased trading and applied for voluntary liquidation. In these circumstances I recognise they did what they could to recover their business after the first Covid lockdown. Unfortunately, they were not successful and the worker was let go.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute. This dispute arises from the effects on a company of the Covid pandemic and how this impacted the worker.

I accept the employer changed their business model as a reaction to the restrictions imposed but this was not successful. In these circumstances I consider that it would not be appropriate for me to make a recommendation of compensation for losses suffered by the worker.

Dated: 06/03/2023