ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001881
| Worker | Employer |
Anonymised Parties | An Employee | A Health Service Provider |
Representatives |
| Internal HR Specialist |
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 - 00001881 | 16/10/2023 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 08/04/2024
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 she was entitled to the Special Pandemic Payment. She applied for the payment using the agreed templates, but her application was denied. She appealed the matter to Dispute Resolution Committee who also denied her appeal. The worker submitted that she was not provided with reasons for the denial of her appeal. |
Summary of Employer’s Case:
The employer submitted that the worker applied for the Special Pandemic payment using the agreed templates, but her application was denied. It noted that she appealed the matter to Dispute Resolution Committee, which was a body set up between the employer and unions to consider appeals relating to the payments. The employer submitted that the worker was refused the payment on appeal and confirmed that she was not provided with reasons for the refusal. The employer noted that the worker should have been provided with reasons for the refusal or her appeal in accordance with natural justice and procedural fairness. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. As noted by the employer, the worker is entitled to receive reasons for the refusal of her payment in accordance with natural justice and procedural fairness. Given the time that has been spent seeking those reasons, it seems only fair that those reasons should be provided to the complainant as a matter of course in writing, and that this should happen without further undue delay. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the worker be provided with detailed reasons, in writing, for the refusal to find her eligible for the Special Pandemic payment.
I recommend that the detailed reasons be provided to the complainant with an eight-week period of the date of this recommendation.
Dated: 8th of April 2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Industrial Relations – Special Pandemic payment refused – no reasons provided – timebound recommendation to provide detailed reasons in writing |