ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000642

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 16/03/2016

Workplace Relations Commission Adjudication Officer: Joe Donnelly

Procedure:

In accordance with Section 13 of the Industrial Relations Act following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute(s).

Complainant’s Submission and Presentation:

The complainant applied in good faith for training and successfully obtained a Class C licence on the understanding that he would receive the grade and pay applicable.

The complainant received treatment less favourable than his colleagues.

An agreement to resolve this matter was never implemented without any explanation.

The claimant remains available to perform Class C licence driving duties.

Respondent’s Submission and Presentation:

The complainant is being paid the appropriate rate of pay for the duties that he is carrying out.

Drivers are appointed in accordance with the operational needs of each department and not on the category of licence they hold.

The fact that the complainant had been acting up to Driver Grade B level for minimal period was not unusual and did not confer entitlement to be permanently appointed to that grade.

The respondent has always supported staff that wish to upskill but this is done without any commitment to promotion.

There was no agreement that drivers would be upgraded as a result of obtaining the higher category of licence.

This is a regrading claim and, as such, is precluded under the terms of the current Public Service Agreement.

Recommendation:

It would appear that in order for a driver to be regraded there must exist a requirement for a driver of that category within that particular department. A number of drivers had been promoted to the Grade B Driver category.  The final arbiter of that requirement is the engineer in charge of that department.  The complainant was of the view that it had been agreed that all drivers with the relevant licence would be upgraded as a matter of course.  There was, however, nothing in writing to this effect and no minutes of the meeting existed.  The respondent strongly disputed the existence of such an agreement.  What is clear is that the engineer in question had not authorised the regrading of positions such as to allow the complainant (and two other drivers) to become Grade B drivers. 

The complainant had acted up in grade on 17 days since 2014 and had been paid accordingly. Under Appendix 6 of the Public Service Stability Agreement the respondent examined the regularisation of long term acting positions and no change had occurred in the department as a result of this exercise. 

In these circumstances I cannot recommend that the complainant be regraded and I accordingly find against his claim.

Dated:   7 April 2016