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WRC awards public servant €33,346.91 over unpaid on-call allowance

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission (WRC) has awarded public servant Martin Switzer €33,346.91 after finding that the Department of Justice failed to pay an on-call allowance promised for his work at Dublin Airport. The decision was dated 3 July 2023.

Switzer worked in the Border Management Unit from May 2018 to May 2020, including out-of-hours and weekend duties. He said he had been promised an annual allowance of €18,023. The Department argued that the payment required approval and was not guaranteed.

The adjudication officer accepted that the allowance had been promised and was integral to Switzer taking the role. The officer found that delays in processing the application left the decision pending until March 2020. Wages properly payable for May 2018 to March 2020 were €34,544.41; after deducting €1,197.50 already paid, the WRC directed the Department to pay €33,346.91. The Payment of Wages Act complaint was well founded.

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