Background:
The complainant worker, who had been employed since 1998, faced ongoing disputes with the employer regarding pay, contract terms, and recognition of her managerial duties. Despite performing managerial tasks since 2010, the worker and her colleagues struggled to resolve pay disparities and contract issues through negotiations with SIPTU, which stalled. In 2019, the worker was informed her pay scale would align with the General Operative rate, but backpay requests remained unresolved. The COVID-19 pandemic led to her temporary layoff, during which the bar was outsourced, despite her long tenure. Multiple conciliation attempts took place, addressing layoff compensation and contractual terms. The worker argued that the employer’s calculations excluded her regular overtime and did not cover the full period of her layoff. She also highlighted the lack of clear terms, a defined job title, and proper compensation for her managerial role. Further disputes involved backpay for the General Operative rate (2014-2019) and compensation for her managerial duties. Despite repeated attempts at resolution, the employer’s offers remained unchanged. The worker sought fair compensation for Pandemic Unemployment Payment (PUP) loss of earnings, backdating of the General Operative rate, recognition for her managerial role, and resolution of her pension status after over two decades of service. The matter was referred to the WRC for resolution.

The employer agreed that the worker faced several disputes with her employer over pay, contract terms, and managerial duties, particularly during and after the COVID-19 pandemic. Initially, they agreed, she was laid off and instructed to claim Pandemic Unemployment Benefit (PUP). The employer stated they made several offers for compensation based on average pay, but the worker disputed these, insisting they include overtime and cover the entire layoff period. Attempts at conciliation raised various issues, including backpay for a General Operative rate (2014-2019), increased pay for managerial duties (2010-2019), and Sunday pay compensation. The worker also expressed concerns about her removal from the pension scheme in 2018. Despite multiple meetings and without prejudice offers from the employer—including a permanent Bar Supervisor contract and an ex-gratia payment—the worker did not accept any proposals. The employer, citing legal precedents, argued that the demands for re-grading and retrospective pay violated public service agreements and industry practices. They contended that compensation for unworked overtime was unjustified. With conciliation efforts unsuccessful, the worker’s individual complaint was referred to the WRC. The employer asked for dismissal of the complaints, asserting they had acted in accordance with legal and contractual obligations.

Finding:
The Adjudicating Officer considered the long-standing nature of the dispute and the strained employment relationship. Namely, the worker felt disrespected, alleging unequal treatment during the pandemic and unpaid wages for four days worked in October 2021. Whereas the employer claimed the worker had not contacted her line manager regarding the unpaid days and offered compensation based on the average pay from the 13 weeks prior to the pandemic, excluding overtime. The Adjudicating Officer rejected the claim for overtime pay during the pandemic, citing no basis for compensation for work not performed.

The employer's previous offer of €21,052.27 for loss of earnings up to October 2021 was recommended for reinstatement. Additionally, recommended increasing the compensation for unresolved claims from €7,500 to €10,000 and suggested the worker accept a permanent contract as a Bar Supervisor at €694.90 per week. The employer was also instructed to pay the worker for the four days worked in October 2021. The recommendation urged both parties to accept these terms as a final resolution.

Practical Guidance for Employers:

Employers should:

• Ensure Clear Communication: Maintain open and transparent communication with employees regarding their roles, responsibilities, and compensation to avoid misunderstandings.
• Document Agreements: Keep detailed records of employment agreements, changes in terms, and any offers made during negotiations to support dispute resolution.
• Adhere to Contractual Obligations: Ensure compliance with legal and contractual terms, particularly concerning pay scales, overtime, and pension schemes.
• Fair Compensation Assessment: Include all regular and recurring payments (e.g., overtime) when calculating compensation during layoffs or disputes.
• Offer Mediation and Conciliation: Engage in conciliation early to address grievances and seek fair resolutions to avoid escalation.
• Review Policies and Practices: Regularly evaluate and update employment policies, ensuring they align with industry standards and legal obligations.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/september/ir-sc-00001955.html