ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004369

Dispute for Resolution:

Date of Adjudication Hearing: 08/11/2016

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.

The Complainant has been employed as an Executive Officer with the Respondent since 2006. He had previously been employed in the Public Sector as an Engineer from 1972 to 1979 with another named Public Sector Employer. In the intervening 27 years the Complainant has not been employed in the Public Sector.

The Complainant referred a dispute to the Workplace Relations Commission on 11^th August 2016 in relation to incremental credit for previous service from 1972 to 1979.

Summary of Complainant’s Position.

The Complainant commenced employment with the named Respondent on 10^th July 2006. He had previously been employed by another named Public Sector Employer from 1972 to 1979.

He commenced employment on the minimum point of the EO scale. He was advised that his previous service could not be taken into account in relation to his placement on the salary scale. The Complainant and his Trade Union IMPACT appealed this decision on a number of occasions between 2007 and 2009. The issue was again raised in March 2016 and the Respondent replied in April 2016 rejecting the application for incremental credit.

Summary of Respondent’s Position.

The Complainant joined the Company in July 2006 following an open competition. He was appointed to the minimum point on the Executive Officer scale. The Complainant queried his starting pay in September 2006 and again his Trade Union IMPACT raised the issue in February 2007.

IMPACT again raised the issue in March 2016 seeking a review and cited a Labour Court Recommendation LCR 20281 in support.

The Respondent stated that Circular 21/2004 - Agreement on Incremental Credit for previous service for entry levels at Clerical and Executive Officer, or equivalent grades, was relevant.

This Circular is clear there are two requirements for incremental credit – the relevance of the previous employment almost 30 years prior to his employment with the Respondent and the lack of any evidence from the Complainant to support his application. The policy is to apply incremental credit if immediately prior to appointment the employee is already a serving Civil Servant or Public Servant and if previous applicable service/experience in a similar role in the public service is relevant. To award incremental credit in this case could set a precedent regarding the relevance of previous employments.

Circular 21/2004 is the relevant document in relation to this dispute. This Collective Agreement relates to the awarding of incremental credit for previous service in the Public Sector which it defines.

Section 2 of this agreement relates to Experience and states as follows (a) (ii) Experience in the public service in Ireland or in the EU member states will have to be relevant to the work of the grade. (iii) Qualifying service means actual service less three years in the case of clerical officers and actual service less four years in the case of executive officers.

Section (b) of this agreement provides as follows: (i)Persons claiming credit for previous service must give comprehensive and accurate information to their employing department in support of their claim.

Again Section (c ) (i) provides the onus will be on the candidate to claim.

Both Parties confirmed that the Complainant had sought the application of incremental credit prior to the commencement of his employment with the Respondent in July 2006. Both Parties confirmed that he did not supply any supporting documentation to support his application of the relevance of his previous service as an engineer to his post some 27 years later of that of Executive Officer. It is clear the Complainant did not comply with the terms of Circular 21/2004 which places the onus on the employee to provide evidence and all documentation in support of their claim.

I am also conscious that for an Adjudication Officer to award incremental credit solely on the basis of prior service could create a precedent in relation to other employees in the employment of the Respondent or indeed prospective employees.

On the basis of the evidence and my findings above I do not recommend the Complainant be awarded incremental credit.

Rosaleen Glackin

Adjudication Officer

Date: 8^th March 2017