FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES: AN GARDA SÍOCHÁNA - AND - 22 GARDAÍ (REPRESENTED BY GARDA REPRESENTATIVE ASSOCIATION) DIVISION:
SUBJECT: 1.Loss of earnings while isolating from Covid The trade dispute before the Court concerns a claim on behalf of 22 workers who seek payment of unsocial working hours allowance payments for a period in January 2021 when they were self-isolating at home due to COVID 19 health restrictions and related guidance in place nationally. It is accepted by both parties that unsocial working hours allowances are paid in the employment only when a worker in the employment actually works during unsocial hours. It is also accepted by both parties that none of the Claimants worked during unsocial hours while self-isolating at home in January 2021. In fact, it appears to be accepted by both parties that no duties were assigned to the claimants at all while self-isolating at home albeit they were in receipt of their basic pay throughout. There is no dispute that in the period between the start of the global pandemic in March 2020 and January 2021 significant numbers of the workers in the employment nationally were likely to have been required to self-isolate at home in circumstances similar to those experienced by the Claimants in January 2021. There is however no submission before the Court that any such worker was in receipt of unsocial working hours allowances during such periods of self- isolation when they did not actually work during unsocial hours. The claim appears to have its basis in a meeting of 8thJanuary 2020 attended by representatives of the Association and management including a HR manager of the employer. The Claimants allege that the manager, at that meeting, gave a commitment that workers who self-isolate at home would receive unsocial working hours allowances regardless of whether they were actually working during unsocial hours or not. That allegation is refuted by the employer and by the manager in question. It was accepted by both parties at the hearing of the Court that if the manager had given such a commitment on 8thJanuary 2021 she would have been in error having regard to relevant circulars in place at the time and having application to this employment and all public service employments. The Association nonetheless claims that solely on the basis of a disputed commitment which, it is acknowledged, would have been erroneous if it had been made, all Claimants should be paid unsocial working hours allowances for the period of their self-isolation at home in January 2021. Having regard to the undisputed facts of this matter, the Court concludes that none of the Claimants had an entitlement to receive unsocial working hours allowances during their period of self-isolation in January 2021 and, as a result, the within claim is wholly without merit. In those circumstances the Court recommends that the claim should be rejected. The Court so recommends.
NOTE Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary. |