ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001070
Parties:
| Worker | Employer |
Anonymised Parties | A Water Caretaker | A County Council |
Representatives | SIPTU | HR Manager |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00001070 | 02/02/2023 |
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Date of Hearing: 29/8/2023 and 04/11/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)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 information relevant to the dispute.
Background:
The Worker had an issue with regard to overtime payments outside of contracted hours, per week, of 39 hours. An initial Hearing was held into the dispute in August 2023 and adjourned to allow the parties engage locally to review and verify the data submitted regarding overtime. Following verification and consideration of the information submitted the Parties requested a further Hearing for consideration of a Recommendation in the dispute. |
Summary of Workers Case:
The Worker is employed since December 2017 as a Water Caretaker. The Worker attended work as requested on stated hours outside his agreed work week of 39 Hours per week and has not been compensated for same. |
Summary of Employer’s Case:
The Employer accepted that the Worker attended work on stated hours outside of 39 hours per week but disagreed that he was entitled to full overtime compensation for same. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. Both parties initially made written submissions and at the final Hearing they made verbal submissions to outline their case. I have considered the submissions and concluded that a once off red circled compensation is appropriate to conclude this long running dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I have considered the information supplied and the submissions of the Parties and recommend that the Parties consider 5,000 Euros as appropriate compensation for breach of the Workers Employment Rights in relation to the overtime not paid. This Recommendation only applies to any overtime worked since January 1st 2022. |
Dated: 10th November 2025.
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Trade Dispute |