ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002168
Parties:
| Worker | Employer |
Anonymised Parties | An Accountant | A Public Body |
Representatives | David Field, Forsa | Internal HR |
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 - 00002168 | 26/01/2024 |
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Date of Hearing: 07/11/2024
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:
The Worker was employed as an Accountant and referred a dispute to the WRC in relation to the Employer’s refusal of her application for leave in the last month of her employment. |
Summary of Workers Case:
In her complaint form, the Worker stated that, during her last month of employment, she was not allowed to take a number of days flexi leave that she had built up prior to this. She also alleged at the hearing that the public sector pay increase had not been applied to her final salary payment. |
Summary of Employer’s Case:
The Employer stated that the Worker was not allowed to take her accrued flexi leave during her last month of employment because the finance department where she worked was very busy. The Employer also asserted that there had been no reference made to the non-application of the public sector pay increase in the Worker’s complaint form to the WRC and that they only became aware of the level of the increase after she left her employment. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
As there was no provision in the Employee Handbook stipulating that the Worker was not allowed to take her accrued flexi leave at any particular time, I find that the denial by the Employer of her leave application was unreasonable.
As the Employer only became aware of the public sector pay increase after the Worker had left her employment, I find that the failure to pay this to the Worker was not unreasonable. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Given that the Employee Handbook policy allowed for carry forward of banked flexi leave to the following year, I find that it created an expectation for the Worker that the leave would be permissible to take in January.
I recommend that she be paid the sum of €500 by the Employer as compensation for the unfairness of the treatment and the effects of this treatment on her. Given that this is not an award of wages, it is not subject to taxes or charges.
Dated: 18-11-2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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