LCR22583

1. Loss Of Overtime Earnings

BACKGROUND:

2. This dispute concerns a a claim for loss of overtime earnings. The Worker referred this case to the Labour Court on 12 January 2022 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation. A Labour Court hearing took place on 15 March 2022.


WORKER’S ARGUMENTS:

3. 1. The Union has sought compensation for their member’s loss of earnings

2. The Union have unsuccessfully attempted numerous times to engage locally with the Employer

3. The Employer is not following agreed and established grievance and disciplinary procedures as set out for staff


EMPLOYER'S ARGUMENTS:

4. 1. The loss of staff overtime was a result of the COVID-19 Pandemic

2. The Worker was offered overtime hours, once classes resumed, however the Worker declined the offer

3. There has been no change of the Worker’s terms and conditions of employment

RECOMMENDATION :

The Worker lodged a claim in relation to a trade dispute with his employer to the Workplace Relations Commission (WRC). The Employer objected to a WRC Adjudication Officer investigating that matter. The Worker subsequently referred a claim to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and so agreed to be bound by the Court's Recommendation.

A remote hearing of the Court was held on 15 March 2022. The employer was in attendance.

At the hearing, the parties confirmed to the Court that there is an agreed disputes resolution procedure in place to address workplace disputes. The Employer submitted that the agreed procedures were not utilised in this case, because of a Department of Education instruction that prevented it from participating in a Section 13(9) referral to the Workplace Relations Commission (WRC). SIPTU advised that they were unaware of any such an instruction.

The hearing was adjourned to allow the parties provide further clarity to the Court on this matter. Both parties made further submissions to the Court.

The Court has reviewed the documentation submitted by the Employer. In the view of the Court, that documentation does not prevent the parties from utilising the agreed disputes resolution procedures in place to address workplace disputes.

The long-standing position of the Labour Court is to uphold agreed and established dispute resolution procedures. The Court recommends that the parties return to their agreed procedures and process the within dispute in line with those procedures.

The Court so Recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
OC	______________________
11 May 2022	Deputy Chairman