Worker

Employer

Anonymised Parties

A worker

A nursing home

Representatives

Trish Kelly Independent Consultant

David Colgan BL instructed by company management.

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 - 00002838

08/07/2024

The complainant is employed as a maintenance operative working a 39-hour week with the respondent Nursing Home since 28th April 2004.

This complaint was received by the Workplace Relations Commission on 23rd October 2024.

In complaints under the Industrial Relations Act the complainant is referred to as the worker and the respondent is referred to as the employer.

IR - SC - 00002838 – a complaint submitted under s.13 of the Industrial Relations Act 1969.

The Complainant contends that he received all meals and tea and coffee free of charge for the duration of his work shift and this changed in January 2024 to one meal and one drink per shift. All meals and drinks had to be recorded. The Complainant contends that that this resulted in increased costs for him personally and that no compensation was offered for the loss of this benefit.

The Complainant submitted a complaint pursuant to S13 of the Industrial Relations Act 1969 that he received all meals and drinks while working his shifts prior to January 2024. This changed in January 2024 to one meal and one drink per shift to ensure no abuse of this benefit. Teas, coffees and snacks are still available for staff.

No grievance was lodged by the Complainant in relation at the time he was given an updated copy of the Employee Handbook on 31 January 2024. A grievance was subsequently lodged by the Complainant in relation to a number of complaints on 11th March 2024. The Complainants grievances were thoroughly investigated in accordance with the company grievance procedure and no grounds for complaint were found. The grievance was appealed, and the outcome and appeal documents are attached at Appendix 3.

All staff of the Nursing Home were notified of the changes to the staff handbook on 31st January 2024 by the company when the updated Employee Handbook was circulated to staff. The wording in the Employee Handbook was changed from:

“Breaks & Meals

All breaks provided to employees form part of paid working hours. Additionally, all meals and tea/coffee making facilities are provided free of charge.”

This was changed to updated Employee Handbook January 2024:

MEALS ON DUTY

“You are permitted to have one meal and one drink per shift. All meals and drinks must be recorded.”

During the Grievance procedure the Complainant confirmed he does not avail of this benefit. Refreshments and light snacks remain available for staff.

Many nursing homes have been forced to close down due to increased heating and other costs in the past few years. The Group monitors costs in all nursing homes on an ongoing basis in order to reduce costs in light of operational and financial constraints. The Complainant does not have a contractual entitlement to a meal benefit and as such, the company has the right to vary or modify and or withdraw non-contractual benefits at its discretion. It is usual that non-contractual benefits are varied over time in order in line with company and other changes. The company reserves the right to make changes to non-contractual benefits. One free meal and one drink per shift is in place for staff, which is a generous benefit, and the Complainant has this on an ongoing basis. The Complainant does not utilise this benefit, so there is no loss to the Complainant.

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

The worker did not use the facilities provided by the employer.

It is impossible to place a value on this facility provided by the employer.

I am unable to make a positive recommendation in favour of the worker.