ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007806
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 |
CA-00010473-001 | 24/03/2017 |
Date of Adjudication Hearing: 03/10/2017
Workplace Relations Commission Adjudication Officer: Caroline McEnery
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 evidence relevant to the dispute.
Background:
The Complainant is a full time seasonal driver of permanent employment.
This claim was taken by two other employees also and the three employees agreed to take their claim together but his is been separated from the other ones via the WRC.
Summary of Complainant’s Case:
The Complainant outlined these issues:
In 2016 the Respondent made a proposal to the union regarding 5 permanent fulltime vacancies in May 2016. At this time the Respondent identified that they needed full time drivers in other locations in the county.
This proposal was put to union members in May 2016 at an AGM. Part of the proposal was not accepted by full time drivers as they didn’t want to go out to the proposed areas but these seasonal drivers didn’t get a chance to consider the proposal according to the complainant.
On the 6th of March the Complainant wrote to the Respondent with another two drivers to ask why they were not considered for the positions.
The Complainant got no reply to that letter so he and the other two drivers put in their claim to the WRC. He then got a reply from the Respondent and the Complainant is now bringing a claim the same as the other two employees.
Summary of Respondent’s Case:
The Respondent stated that the formal proposal was put to the Union and it took until November 2016 to have a meeting.
The Respondent said the proposal was put in its entirety verbally to the respondent and the union confirmed it wasn’t accepted in its entirety.
The Respondent can’t make any further proposals until they receive written confirmation from the union regarding the proposal.
Recommendation:
Section 13 (1) and (2) of Industrial Relations Act, 1990 of the Industrial Relations Acts, 1946 – 2015 requires that I make a recommendation in relation to the dispute however as this is a collective matter as an Adjudicator I have no jurisdiction to make a recommendation. However, the Complainant and Respondent stated that the parties are going to aim for resolution at local level following their attendance at the WRC hearing which is positive.
Dated: 01/12/2017
Workplace Relations Commission Adjudication Officer: Caroline McEnery