ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004368
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00006432-001 | 11/08/2016 |
Date of Adjudication Hearing: 13/12/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41(4) of the Workplace Relations 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).
Attendance at Hearing:
By | Complainant | Respondent |
Parties | A Complainant | An Institute Of Technology |
Background
Following completion of 5 continuous services in the Grade of Assistant Lecturer, the Claimant progressed to the grade of Lecturer effective from 1st October 2014, in accordance with Circular letter No.IT 03/05.
The claimant is claiming that she should have progressed to the Grade of Lecturer after 2 years’ service with the respondent, based on her prior lecturing experience with other Universities. The respondent does not accept the claimant has 5 years continuous service.
It was submitted that the period for which the claimant was employed as an Administrative Staff is a “period of Absence” for the purpose of the definition of continuous service, and consequently, this service does not count towards meeting the required 5 year’s continuous service for progression purposes.
The respondent submitted additional documentation in correspondence from the Department of Education and Science dated then 25th May 2005 and 12th October 2015 which sets out the definition of 5 years continuous service. The issue was confirmed on the 10th February 2016 following a hearing at which the claimant submitted that she was not represented.
Findings
Both parties made written and verbal submissions at the hearing.
I find the issue between the parties in relation to 5 years continuous service. I find that it was submitted by the respondent that the claimant was employed as Administrative Staff and as such “that period of time “does not meet the criteria as set down in the Department Circulars for progression. I find the rule is quite clear for progression to the next point one must have 5 continuous years of service.
I find that if the claimant was employed in another Grade this period does not meet the 5 years continuous service as set out in circular NO.IT 03/05
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. And following investigation. I find that based on the evidence as presented I cannot recommend concession of the claimant's claim.
Dated: 24 April 2017