ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00006065
Parties:
| Complainant | Respondent |
Parties | A Technician | A County Council |
Complaint(s):
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-00008381-001 | 25/11/2016 |
Date of Adjudication Hearing: 16/05/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969 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).
Background:
The Complainant was seeking to be upgraded to Technician Grade 1 as he was doing the duties of that Grade for some time. |
Summary of Complainant’s Case:
The Complainant is qualified and doing the job on an informal basis for years. The post is possibly being advertised but he is the occupying job holder and should be upgraded. His current duties and responsibilities are that of the higher grade positon. The delay in filling and advertising the post have adversely affected the complainant. |
Summary of Respondent’s Case:
The Complainant is employed as Grade 11 Technician. The lack of resources and financial situation has meant that many employees have carried out duties above and beyond their roles. The complexities of the County Council workforce Plan and protracted negotiations meant that the Workforce plan was delayed until early 2016. The Council have confirmed the upgrade of the post and it will be filled by competition in accordance with normal procedures which apply within the Local Government Sector.
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Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a Recommendation in relation to the dispute.
Following the hearing of both submissions I recommend the following;
That the Complainant, who has being doing the work at Technician Grade 1 for some time, be appointed to the role of Grade 1 Technician in an Acting capacity with effect from May 1st 2016 and that his Grade 1 remuneration be backdated to that date.
That the Council should advertise the positon of Grade 1 Technician within three months.
That should the Complainant apply and not be successful for the advertised Technician Grade 1 position that he has the opportunity to submit a further case to the WRC for urgent Hearing and prior to the appointment being filled by the Respondent.
Dated: 19th July 2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Grading dispute |