ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003675

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

Date of Adjudication Hearing: 20/09/2016

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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 claimant acted up as a Centre Organiser for the HSE from 2007 to 2012. In July 2012 she was seconded to Learning Disability Services. Her acting allowance was stopped without notice in October 2013. In July 2014 she was redeployed to another Learning Disability unit where she continues to work.

It was submitted that under the provisions of HSE HR circular 017/2013, the claimant was entitled to have her acting up post regularised and it was contended that she met all the criteria to qualify under this circular. It was explained that the circular gave effect to a component of the Haddington Road agreement. Although commitments had been given to meet with the claimant to address her duties and a job title, no meeting had taken place and it was submitted that the claimant’s manager had refused to meet with her union to deal with her grievance.

In October 2014, the HSE had responded to the claimant’s request for regularisation by advising as follows:

“..it would be sensible to retract you’re recent contract of Health Centre Manager ….it is suggested that we develop another contract and job title will be unaffected – you will not be at a financial loss”.

Respondent’s Submission and Presentation:

The respondent did not attend and was not represented at the hearing.

Recommendation

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.

On the basis of the evidence presented at the hearing and the documentation submitted by the claimant’s representative, I am satisfied that the claimant had a legitimate grievance and that her position should have been regularised in accordance with Circular 017/2013. I recommend that she be appointed to the appropriate higher band in which she acted with effect from October 2013, that she be paid any outstanding retrospection within 4 weeks of the date of this recommendation and that her manager meet with her as a matter of urgency to agree the title and brief of the post in her current location.

Dated:   19^th April 2017[