Investigation Recommendation Reference: IR - SC - 00001457
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Hospital |
Representatives | SIPTU | Employee Relations Department |
Dispute:
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 - 00001457 | 16/06/2023 |
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Date of Hearing: 08/01/2024
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 and to present any information relevant to the dispute. The hearing was held in the Hearing Rooms, Workplace Relations Commission (WRC) in Carlow. Both parties made detailed submissions in advance of the hearing.
Background:
The worker was a close contact to a fellow worker and was required to isolate from 7th May 2020 to 22nd May 2020. Arising from these developments, the worker suffered a loss of premium pay. |
Summary of Workers Case:
The worker was required to remain at home and was not assigned alternative duties. The worker’s representative claimed that he could have been facilitated to continue in work as his work did not involve interaction with other staff or service users. As a result of following his employer’s advice, he then suffered a loss to his earnings. |
Summary of Employer’s Case:
The employer is relying on three circulars, May 2020, November 2020, and December 2020 which set out the conditions for payment of premiums. The conditions set out in these circulars do not allow for the worker to receive premium payments for the period from 7th May 2020 to 22nd May 2020. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. I have also considered the circulars referred to by the employer. The circulars make a distinction for those on special leave with pay and those working from home who are deemed to be available for work. As the worker was a close contact and deemed to be available for work, he is required to work the premium days/hours for the premiums to apply. My jurisdiction is to make recommendations on individual worker disputes so to go outside of the agreed circulars would inevitably involve other workers. Accordingly, I do not find merit in the worker’s dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
For the reasons outlined, I do not find merit in the worker’s dispute.
Dated: 19th January 2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Covid Premium Payments |