LCR22553

FULL RECOMMENDATION

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

HSE MID WEST

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

SUBJECT:

1. Appeal Of Adjudication Officer Decision No. ADJ-00015110, CA-0019685-001

BACKGROUND:

2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 20 April 2021 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 15 March 2021 the Adjudication Officer issued the following Recommendation:-

“I do not recommend concession of the Worker's claim”

A Labour Court hearing took place on 3 February 2022

DECISION :

This is an appeal by the Worker of Decision ADJ-00015110 of an Adjudication Officer in respect of the Worker’s claim to be paid subsistence while on temporary transfer. The Adjudication Officer did not recommend concession of the Worker’s claim.

The Worker is seeking payment of a meal allowance for the period November 2016 to December 2019 when he was located away from his base. The Union of behalf of the Worker submitted that the Worker was not formally transferred to the new location and therefore was entitled to claim subsistence when he was absent from his original base.

The Employer submitted that the Worker was out sick and was facilitated with a temporary transfer to a different location to facilitate his return to work on lighter duties.

If the Worker was absent from his new location for over 5 hour and 5km away he was entitled to subsistence. However, he continued to claim subsistence from his original base and on that basis his claims were not processed. When the Worker initially moved to the new base, he was paid subsistence from his old base in error and an overpayment has arisen.

The Court having reviewed the submissions and the appendices submitted by both parties and listened to the oral submissions on the day of the hearing finds that the worker’s complaint is not well founded.

The Court recommends that the parties engage in respect of any outstanding subsistence claims that may be due to the Worker during the period November 2016 to December 2019 with the temporary base being the relevant starting point and any overpayment that may have occurred.

The Court so recommends

NOTE

Enquiries concerning this Decision should be addressed to Cathal Nurney, Court Secretary.