ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000893

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

Date of Adjudication Hearing: 16/02/2016

Workplace Relations Commission Adjudication Officer: Joe Donnelly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s). 

Complainant’s Submission and Presentation:

The complainant was employed as a residential Social Care Leader for 10 years. In July 2013 it was announced that under a Reconfiguration of Services scheme the unit in which she worked would no longer operate as a Residential Service and the staff of the unit would be dispersed to work in outreach teams.

Following this announcement discussions took place between management and unions regarding a number of issues including the loss of premium payments relating to Sunday Working and Night Duty / Sleepover duties. It was agreed that these would be resolved through the processes contained in the Croke Park / Haddington Road Agreements.

The complainant had been seeking a transfer from Residential to Community Services since January 2013 because of an incident at work some weeks previously. She transferred to another position and location with effect from 2 December 2013. Her transfer appeared in documentation dealing with savings accruing from the Reconfiguration. Prior to transferring she sought and received commitments with regard to maintaining her terms and conditions of employment.

After one year in the new service all staff were compensated for loss of earnings in line with the Croke Park formula with the exception of the complainant. Her union made representations on her behalf in December 2014. In November 2015 the person who had been Area Manager at the time of the negotiations confirmed that in his view the complainant qualified for compensation. This person had transferred to another agency in the meantime.

In December 2015 the respondent’s HR Dept. stated that the complainant did not have an entitlement to compensation as she had transferred prior to the Reconfiguration on 1 January 2014.

Respondent’s Submission and Presentation:

The complainant had been seeking a transfer and in August 2013 was offered and accepted a transfer which took effect on 2 December 2013. The unit in which she had been employed closed on 1 January 2014.

Any staff who suffered a financial loss as a direct result of their involuntary redeployment were compensated for loss of earnings in accordance with the Public Service Agreements.

It is accepted that the complainant was informed by the previous Area Manager that she qualified for compensation but it is the view of the respondent (her employer) that, as the complainant had left the unit on a voluntary basis prior to its closure, she did not qualify for compensation.}

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Issues for Decision:

N/A

Legislation involved and requirements of legislation:

N/A

Decision:

I am of the opinion that the complainant’s transfer was part of the overall solution in respect of the closure of the Residential unit as part of the reconfiguration and there is documentation to that effect. At no time was the complainant advised that accepting the transfer would exclude her from the outcome of these ongoing negotiations. The senior Manager who conducted the negotiations was of the opinion that she qualified for compensation. I accept that her transfer was voluntary but the complainant’s acceptance of same was based on the belief that she would be treated the same as the rest of her work colleagues in the unit.

For these reasons I recommend that the respondent compensate the claimant for loss of earnings arising from the transfer using the formula set out in the Public Service Agreements.    

Dated:   8/4/2016