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Department of Labour delays processing travel claim

Other
Legislation:
Ombudsmen Act 1975
Related legislation:
Apprenticeship Act 1983
Legislation display text:
Ombudsmen Act 1975, Apprenticeship Act 1983
Ombudsman:
Sir John Robertson
Case number(s):
W25934
Issue date:
Format:
HTML,
PDF,
Word
Language:
English

Apprenticeship claim-delay in completing enquiry into travelling allowance—administrative checks instituted

The complainant’s son, an apprentice, had established that he was entitled to a travelling allowance which his employer refused to pay. He notified his claim to the department in April 1987 but as at November 1989, had not obtained any result other than periodic communications from the department advising that the matter was under action.

On enquiry the Ombudsman was advised that the claim had been filed by the department in the appropriate Court two days before the complaint was notified. Delays had occurred at two stages, first owing to the department’s attempt to resolve the matter directly with the employer, then because of an administrative oversight in the section processing the claim. The department acknowledged that the delay was unjustifiable, and undertook both to apologise to the complainant and to ensure that the matter was brought to Court as soon as possible. The Ombudsman was further advised that the staff concerned had initiated two further checks in their system to ensure that outstanding files were monitored.

In view of the department’s undertaking to remedy the complaint at issue and its proposals to ensure that the situation did not recur, the Ombudsman decided that a satisfactory resolution had been achieved and the file was closed.

This case note is published under the authority of the Ombudsmen Rules 1989. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.

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