FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONAL UNIVERSITY OF IRELAND GALWAY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer's Recommendation No: ADJ-00007752.
BACKGROUND:
2. This case concerns a claim by the worker that he is entitled to have a 10% salary award scheme paid to him on completion of an approved course.
The matter was referred to an Adjudication Officer for investigation and recommendation. On 15 January 2017 the Adjudication Officer issued the following Recommendation:
I am satisfied that a genuine error occurred in this case because the respondent failed to properly disseminate the instruction outlined in the letter of the 16th of November 2012 from the relevant government department. The respondent was in my opinion obliged and indeed entitled to rectify the error even at such a late stage. I note that in the case of the colleague cited that he had been approved for inclusion prior to February 2012 and that payment was made post that date.
Accordingly, I am not in a position to make a recommendation favourable to the complainant in this case.
The Union on behalf of the Worker appealed the Adjudication Officer's Recommendation to the Labour Court on 19 January 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 18 April 2018. The following is the Decision of the Court:
DECISION:
This is an appeal by the Worker of a decision of an Adjudication Officer in respect of his claim for an allowance which he understood he was entitled to. The Adjudicator found against the Complainant on the basis that the information he was given was given in error.
The Union on behalf of the Worker stated that the Worker had been approved for inclusion in the Senior Technicians 10% salary Award Scheme on the 10thJune 2015. The scheme provided for a payment of additional remuneration to Senior Technicians who obtain additional qualifications in the scientific and technical fields. It is the Unions contention that he started the approved course on 22ndAugust 2015. However, on the 11thSeptember 2015 the University advised him that they were not in apposition to pay the allowance as the allowance had been abolished by decision of the Government with effect from 1stFebruary 2012. The Worker completed the course and is now seeking payment of the allowance.
The Employer's position is that they were unaware at the time the Worker applied to be included in the scheme that the scheme had been abolished since February 2012. As soon as they became aware of this they sought to make contact with the Worker and bring it to his attention. It is the Employer’s contention that the course did not start till 12thSeptember 2015 and that they contacted the Worker a day before the course started. The University paid for him to undergo the course. It is the employers position that as the allowance was abolished by decision of the Government they have no discretion in relation to the payment of same. They accept that he was told in error that he would be paid the allowance if he completed the course but as soon as they became aware of the error they brought it to his attention.
The Court has carefully read the submissions of both parties and listened to the oral submissions on the day. It is not in dispute that the allowance was abolished in 2012 and that the information given to the Complainant was incorrect. The Complainant does not dispute that he was informed in early September 2015 that the allowance was not payable and that he chose to continue with the course.
The Court cannot accept the Complainant’s position that the Employer is obliged to fulfil the commitment given despite the fact it is an error. Therefore, the appeal must fail. The Court upholds the finding of the Adjudication Officer.
Signed on behalf of the Labour Court
Louise O'Donnell
24 April 2018.______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Neville, Court Secretary.