Complainant

Respondent

Anonymised Parties

A Paramedic

A Health Care provider

Representatives

SIPTU

 Internal HR

Act

Complaint/Dispute Reference No.

Date of Receipt

Dispute seeking adjudication under Section 13 of the Industrial Relations Act, 1969

CA-00064577-001

04/07/2024

The worker is employed by the employer as a paramedic. The dispute, which was referred to the Workplace Relations Commission (WRC) on 4th July 2024 relates to subsistence payments that the worker believes are due to be paid to him.

The worker’s position is that he should have been paid subsistence payments based on being absent from his base for more than 10 hours each working day. The worker stated that he accepted a transfer to his current station in February 2023, but it was paused by the employer in contravention of the national transfer policy on 10th February 2023. The worker’s position is that having accepted the transfer, the Dublin station became his base in February 2023 and the time he spent at the Kildare location should be regarded as being away from his substantive base with the appropriate subsistence being paid to him until he did transfer in October 2023.

The employer’s position is that the worker’s substantive base remained at the Kildare location until the transfer to the Dublin location took place in October 2023. Prior to that the worker was paid subsistence payments from his Kildare base when appropriate and in line with the national financial regulations and the applicable Government circulars namely Circulars 11/1982 and 05/2015.

In respect of pausing the transfer, the employer stated that the worker had raised grievances in relation to threats and other behaviours from a co-worker who would be stationed with him at the new location. In circumstances where there is a concern for the personal safety of an employee, the employer stated that it is well within its rights to pause a transfer. The employer stated that as soon as it was possible, the worker transferred to the Dublin base in October 2023.

The employer concluded by stating that concession of the worker’s claim would be at variance with the applicable circulars and the employer’s own regulations in place at national level.

I have considered the issue referred by the Trade Union on behalf of the worker. I note that the worker transferred to his new location in October 2023 and the new location became his substantive base at that time. Prior to that date, the worker’s substantive base was in Co Kildare, and he received subsistence payments while he was absent from that base in the course of his work.

The worker is claiming €2,970.08 in respect of subsistence payments from 13th March 2023 until 26th September 2023. The worker maintains that he was offered a transfer to his new location in February 2023, but it was paused for reasons that were explained by the employer. For the worker to succeed in his referral, his substantive base at the material time would had to have been the Dublin location yet that was not the case until October 2023. The worker stated that the pause was in breach of the relevant transfer policy, yet the policy is silent on the employer’s right to pause a transfer when there is a concern relating to the safety and welfare of a worker to whom the policy relates. In those circumstances I do not accept that the employer breached the transfer policy, and I also find that it was reasonable of the employer to pause the transfer until such time where the worker could transfer to that location without any concerns for his safety and wellbeing.

In all of the circumstances of the dispute, and for the reasons stated above, I find that the worker is not entitled to the payment of the subsistence as claimed.

Having considered the written and oral submissions of the parties and for the reasons stated above, I do not recommend in favour of the worker’s claim.

Subsistence payments,