ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002575

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

Date of Adjudication Hearing: 10/08/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Act, 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 respondent has employed the complainant as a clerical officer grade 3 since May 2001. She replaced a grade 4 colleague (career break) from November 2012 on the understanding that she would receive the grade in line with the increased workload etc., at first available opportunity. Furthermore the claimant covered (through temporary assignment) the duties of her line manager during her illness from March to September 2015. Despite returning to work at that time her line manager’s health continued to deteriorate and the complainant continued to perform most of her duties. The area chief officer approved a second grade 6 temporary assignment in June 2016 and the complainant was confirmed in that appointment.

HR informed her at the end of July that her substantive grade debarred her from temporary appointment at grade 6. She continues to do the grade 6 work and support both her colleague and management.

The complainant submits that based on the facts of the case she is entitled to be prioritised for job evaluation under the Lansdowne Road Agreement, payment in full for her work done in respect of the temporary assignment grade 6 and establishment of her right to apply for that role if the position becomes permanent.

Respondent’s Submission and Presentation:

The respondent submits that it has been constrained in it’s response in the particular case by the various Public Service Agreements, the Moratorium and the Employment Control Framework. It is fully committed to prioritising the complainant’s application for job evaluation under the Lansdowne Road Agreement and notes that the Job Evaluation Scheme has been re-introduced since June 1^st of this year. The respondent acknowledges and appreciates the contribution made by the complainant and in particular her willingness to take on additional duties during a difficult period for both the service and her colleague.

Decision:

In coming to a recommendation in this matter I would point out that I am impressed by the generous attitude taken by the complainant and management towards their colleague who is ill.

I acknowledge the sensitive nature of the issues which are constellated here and the attendant constraints. In particular I note that the complainant has been paid for her contribution as it related to the temporary grade 6 during a small window earlier this year.

Therefore in deference to the above and the unique nature of the operational and personal issues arising here I recommend that

• The complainant should be prioritised for job evaluation under LR and that matter to be concluded within two months of this recommendation. In the alternative immediate concession of grade 4 from that date.

• The complainant should be Red Circled in the temporary grade 6 with immediate effect and the appropriate back payment should be made. The red circle arrangement should entitle her to apply for the position should it be regularised within the next two months.

Dated:   20^th October 2016