ADJUDICATION OFFICER RECOMMENDATION
Adjudication Decision Reference: ADJ-00000407
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969
Date of Adjudication Hearing: 20/09/2016
Workplace Relations Commission Adjudication Officer: John Tierney
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
The Claimant works as a SNA. SNA's have a special redundancy agreement which provided for 4 weeks’ pay per year of service. When she received her payment she was not credited with the years we believe she was entitled to. We are seeking the services of an adjudicator under the Industrial Act 1969-2015.
The Claimant was not informed of her right to claim compensation under Respondent’s Circular 0058/2006 for her pro rata redundancy in the summer of 2013 which stated:
Management authorities are requested to bring the contents of this Circular to the attention of all special need assistants in their school.
Respondent’s Submission and Presentation:
The Claimants hours were reduced from 32 to 16 with effect from 1 September 2013. The Department’s Scheme allowed from compensation for loss of hours. However, no application for compensation for loss of hours was submitted by the Claimant within the 52 week time limit.
The Respondent’s Website contains all Circulars and conditions and is accessible by the public.
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act
I have considered the submissions made by the parties. The Respondent’s Circular 0058/2006 ‘requested’ the management authorises to bring it to the attention of special needs staff. This was not an instruction but a request. In any event the Claimant has access to the Circulars via the Respondent’s Website or by way of advice from her union when her hours were cut.
Unfortunately her claim for compensation under the Department of Education & Science scheme is out of time. I therefore do not find the claim well founded.