FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TUSLA CHILD AND FAMILY AGENCY - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms O'Donnell |
1. An appeal of an Adjudication Officer's Decision no: ADJ-00003253.
BACKGROUND:
2. This case concerns a claim for the appropriate recognition of acting-up.
- The Union said the Claimant was requested to act in a role equivalent to that of Principal Social Worker in November 2012 and agreed to transfer on existing terms and conditions with agreement that it would be reviewed in six months. When the Claimant was appointed to the role on a permanent basis in July 2014 she discovered she would not be appointed to the 4thpoint of the scale as she was not receiving an acting-up allowance.
The Employer said that following local discussions the Claimant was offered and agreed to take up the post equivalent to that of Principal Social Worker with effect from 5 November 2012 and agreed to retain her current terms and conditions of employment. The Claimant was not receiving an-acting-up allowance.
- This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 27 February 2017 the Adjudication Officer issued the following Recommendation:-
- Section 9 of the Circular relates to periods of acting in excess of 3 months. However, I cannot recommend retrospective application of this as it too would lead to knock-on effects. A comparator was cited (Mr C) who acted in her position. It was confirmed post hearing that he was in fact paid the higher responsibility allowance from 1stJanuary 2014.
I therefore recommend that the Complainant accept that the appointment date for her is 1stJanuary 2014.
- Section 9 of the Circular relates to periods of acting in excess of 3 months. However, I cannot recommend retrospective application of this as it too would lead to knock-on effects. A comparator was cited (Mr C) who acted in her position. It was confirmed post hearing that he was in fact paid the higher responsibility allowance from 1stJanuary 2014.
The Claimant appealed the Adjudication Officer’s Recommendation to the Labour Court on the 4 April 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 14 June 2017.
UNION ARGUMENTS:
3. 1. The post in which the Claimant was acting was authorised to be Principal Social Worker on the 19 June 2013.
2. The Policy on Acting-Up in a Higher Capacity January 2010 allowed Management to appoint the Claimant to the 4th Point of the scale on appointment.
3 The Claimant is also seeking payment for the time she was acting-up.
EMPLOYER’S ARGUMENTS:
4. 1. The role that the Claimant took up was not authorised at the higher grade of Principal Social Worker level. TUSLA undertook an exercise which reviewed all non-permanent positions.
2. Following receipt of authorisation the Claimant was appointed from the National Panel to the permanent post of Principal Social Worker in July 2014.
3. To qualify for an acting allowance one must take on the duties of a higher graded post. There was no higher graded post at that time as no authorisation to amend the post to Principal Social Worker grade existed.
DECISION:
The Court has considered carefully the written and oral submissions of the parties.
This is a claim for appropriate recognition for ‘acting up’ in respect of a person who was appointed as a Principal Social Worker in July 2014.
The Court has examined the background to the matter and notes that the post in which the Claimant was acting was authorised to be graded at Principal Social Worker on 19thJune 2013. In those circumstances and taking account of the particular history of this matter the Court recommends that the Claimant’s incremental point on appointment as a Principal Social Worker in July 2014, taking account of the fact of her having acted in a post graded as Principal Social Worker since June 2013, should be point 4 on the scale as provided for by relevant circulars.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
CR______________________
26 June, 2017Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.