ADJ-00005185

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005185

Dispute for Resolution:

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 13 of the Industrial Relations Act, 1969 and following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Backround

The Complainant was employed as a Grade VIII management accountant with the Respondent in 2002. The Complainant is currently employed as a General Manager in Primary Care. There was a restructuring of Primary Care Services in 2007 within the region where the Complainant was employed. At this time there was a Director, a General Manager and two Grade VIII’s, one being the Complainant. Following the restructuring some aspects of primary care was now being delivered through Local Health Offices and the Director took up the position of Local Health Manager. When the General Manager of Primary Care moved to another position the role of managing the Primary Care Service was distributed between the remaining two Grade VIII, one being the Complainant. Both were paid allowances for carrying out these additional duties.

The Respondent issued Circular 17/2013 and the Complainant sought to be regularised as Director of Primary Care. The decision of the Respondent was that the Complainant did not meet the criteria outlined in the Circular to be appointed or regularised as Director.

Following discussions an offer was made to the Complainant to regularise him at General Manager level. The Complainant accepted and a Contract of Employment was issued to the Complainant on 2^nd March 2016. Both the Complainant and the Respondent signed and accepted this Contract. This contract was effective from 31^st October 2013 in accordance with Circular 17/2013.

However the Complainant had lodged an appeal in August 2015 in relation to the rejection of the Respondent to his request to be regularised as a Director under Circular 17/2013 and this appeal proceeded and was heard by the named Arbitrator on 15^th April 2016 and he issued his decision on 19^th April 2016 rejecting the appeal to be appointed as a Director.

The Complainant is seeking to be appointed as Director of Primary Care in his Region.

The Respondent states that the post of Director of Primary Care was suppressed in 2007 following a restructuring of Primary Care services in the Region. And therefore there is no vacancy of Primary Care Director in the Region.

Findings 

On the basis of the evidence from both Parties I find as follows:
1. Circular 17/2013 provided for the regularisation of those Acting Up to positions within the Respondent’s Employment based on certain criteria. This was a process/agreement between the Trade Unions and Respondent under the Haddington Road Agreement. There were 10 such criteria specified in Circular 17/2013.

2. There was an appeals mechanism set up under Circular 17/2013 following an agreement between the Trade Unions and the Respondent.

3. The Complainant sought to be regularised as Director of Primary Care. This was not approved under Circular 17/2013 as he did not satisfy the criteria as outlined in Circular 17/2013.

4. As per the agreed appeals mechanism the Complainant appealed this decision and the Appeal was heard by the appointed Arbitrator on 15th April 2016 and his Decision issued on 19th April 2016. The appeal was rejected by the Arbitrator

5. I note that the Complainant was regularised as General Manager on 3rd March 2016.

Recommendation.

On the basis of the evidence and my Findings above and in accordance with Section 13 of the Industrial Relations Act, 1969 I do not recommend in favour of the Complainant as this issue has already been adjudicated on under the Appeals mechanism of Circular 17/2013.

Rosaleen Glackin

Adjudication Officer

Date: 10th April 2017