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-00004115-001

27/04/2016

The Complainant is seeking to be remunerated at the level of Senior Social Work Practitioner.

The Complainant was employed as a Social care Worker within Residential Childcare Services; he holds a Master’s Degree in Social Work. In 2009 he was appointed Acting Manager of a Residential Unit. Due to events there he lodged a formal complaint of bullying and harassment against the Coordinator. The outcome was that a collective agreement was reached which provided for a transfer on an interim basis and he would withdraw his complaint and a joint review would be undertaken. This review did not happen. He was transferred on an interim basis to a post dealing with access work and after care until he was appointed Professionally Qualified Social Worker in April 2015.

It is his position that he carried out the full range of duties associated with the post for over three years on an interim basis. The Respondent relied upon his skills and higher qualifications but has refused to remunerate him accordingly. He is seeking to be remunerated at the level of Senior Social Work Practitioner. This is in respect of the period September 2012 to February 2015.

This claim has no general or precedential application.

The Complainant is currently employed as Professionally Qualified Social Worker. In 2010 a complaint was made against him by a Social Worker. In January 2011 he was invited to a disciplinary hearing. In February 2011 he made a Dignity at Work Complaint against two of his managers. It was decided that it was best addressed through a Mediation/Conflict resolution type process. In October 2011 he was granted a transfer to a Social Worker position subject to him withdrawing his complaint. This did not work out and it was agreed to address this under a collective agreement. It was agreed that he would transfer to a new role in access work and after care. In 2013 he raised grievance that he was working on two separate teams and across two disciplines. It was accepted that he worked across two teams as is the norm but not two disciplines. He was appointed Professionally Qualified Social Worker in 2015 but his union argued that his remuneration was incorrect because of the assimilation onto the new scale was adversely affected by the absence of the agreed review. A further meeting took place and the matter was not resolved.

It is the Respondent’s position that he was not in an acting position prior to his appointment therefore it did not affect his staring pay on promotion.

This complaint is rejected.

I note that both parties made detailed written and verbal submissions.

I note in essence this complaint centers on the period when the Complainant was allegedly in an acting up role.

I note that it was the Complainant’s position that he undertook all the role and responsibility of the Senior but did not receive any additional allowance or recognition in remuneration terms for this. The Senior had gone on maternity leave by the time he arrived in the post.

I note that it is the Respondent’s position that this was not an acting up role. The duties were shared out among the staff including the Complainant. The Senior role reports to the Team Leader. The Senior is not a managerial post.

I note the conflict with regard to this case.

I find that it is important that this matter is finalised and that the Complainant gets on with his role as Professionally Qualified Social Worker.

Recommendation:

Section 13 of the Industrial Relations Acts, 1946 – 2015 requires that I make a recommendation in relation to the dispute.

remuneration