ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004638
Complaint(s)/Dispute(s) for Resolution:
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-00006522-001 | 18/08/2016 |
Date of Adjudication Hearing: 14/11/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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).
Complainant’s Submission and Presentation:
The complainant is undertaking the role of project lead for the Public Health Information Tool (PHIT). She contends that this role is at Assistant Director of Public Health Nursing level however she remains on the Public Health Nursing pay scale/grade. She has sought correction of her PHN grade to the appropriate ADPHN grade locally however this has been denied. The Claimant’s reporting is to the Director of Public Health Nursing. This indicates her level of responsibility. |
Respondent’s Submission and Presentation:
Promotions and appointments to any post within the HSE are managed through the National Recruitment Service (NRS). Following the Haddington Road Agreement provision was made to put in place a process to make appointments under circular 17/2013. Therefore if she wishes she can make an application to this body.
The Claimant did not apply for any roles advertised at Assistant Director of Public Health Nursing level which were advertised for her area. It is accepted that she did get an acting allowance from 2006 until 2008 to carry out a role which covered the North East area. The funding for this post was provided for two years between 2006 and 2008. Once the funding for this project ceased the acting allowance was stopped and she reverted to her role of Public Health Nurse with specific responsibility for Public Health Information in Dublin North City.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have considered the submissions of both parties. Although the Claimant did not apply for the position of Assistant Director of Public Health Nursing when it was available it is difficult to see how she can be accommodated at this point in time for an upgrade.
The only possible approach can be through the NRS. I therefore recommend that she make her application to them.
Dated: 28 March 2017