Worker

Employer

Anonymised Parties

A Worker

An Employer

Representatives

A Representative Body

HR Manager

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 - 00002934

31/07/2024

The worker expressed an interest in transferring to a new station in 2022. This transfer was accepted and sanctioned by the employer who confirmed that this was his permanent base. On arrival at his new base, the worker realised that the building needed upgrading as the facilities were not adequate for his breaks. The employer accepted the need for upgrading works and authorised the worker to use a neighbouring station from November 2023. The worker’s dispute is that he has incurred expenses over an extended period due to the lack of facilities at his assigned station.

The worker accepted the assignment and soon realised that he was incurring expenses due to the lack of facilities at his new base. He claimed €3531.01 in expenses up to March 2024. As he was not paid the expenses claimed, he pursued the issue under the grievance procedure. As the issue was not resolved through the grievance procedure, he referred the dispute to the WRC with the assistance of his representative.

The employer submitted that upgrade works on the station had taken place with further works planned. An alternative arrangement had been put in place since November 2023 to ensure the worker could avail of facilities in a neighbouring station. The expenses claim was not approved by management for reasons outlined by the HR Manager. The HR Manager agreed to attend the adjudication hearing in accordance with the grievance procedure for the resolution of this individual dispute.

In conducting my investigation, I have taken into account all relevant submissions along with the representations made at the hearing. Both parties confirmed that the issue in dispute refers to an expense claim up to March 2024. As alternative measures are now in place and as upgrading works continue, both parties confirmed that there is no ongoing dispute.

The background to the dispute is that particular circumstances arose which gave rise to the expenses claim. The worker had sought the re-assignment although only became aware of the lack of facilities having taken up the transfer. The employer was not prepared to authorise expenses, particularly in the circumstances that arose, and where there was no prior or subsequent approval.

Given the circumstances, I am satisfied that the worker accrued additional expenses due to the lack of facilities. Whilst the worker operated within his new district, and as there were no facilities for breaks, it is difficult to assess the extent of expenses incurred.

I am satisfied that there is merit in the worker’s claim. On the amount of additional expense incurred, I decide that the worker should be compensated by the payment of €1,700.

Given the circumstances, I recommend that the employer should compensate the worker by the payment of €1,700, in full and final settlement of the dispute. For clarity, this payment is for expenses incurred and does not relate to earnings.

Compensation for expenses