ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005798

Parties:

Complaint(s):

Date of Adjudication Hearing: 22/02/2017

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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 has been employed by the respondent since 2006.

Summary of Complainant’s Case:                                                                                   The complainant submits that she was initially employed as a part-time teaching assistant and since 2009 she has been employed as an academic co-ordinator and is remunerated on the administrative pay scale. Her teaching work accounts for 24 hours per week and for the remainder of her week (15 hours) she is engaged in research related to the production of the respondent’s annual Arts in Action programme of which she is the Creative Director. The main focus of her job is therefore teaching. The duties of university teacher capture her role in teaching, designing and creating courses and this is therefore a more appropriate grade. Indeed senior members of staff describe her principally as a lecturer and teacher. This is effectively a rate for the job claim.

Summary of Respondent’s Case:

The respondent submits that it has employed the complainant on a number of contracts over the years and that her most recent contracts were that of part-time teaching assistant with effect from June 2009 on a contract of indefinite duration. Thereafter (during 2010) as a result of internal discussion she was offered and accepted a full time permanent role as an Academic Co-ordinator (an administrative grade 3 role) and has continued in that role to date. The role spans both academic and administrative duties. The complainant raised the issue of her grading, duties and salary scale during 2012 and 2013. The respondent is constrained in the matter as a result of the introduction of the Employment Control Framework. “While the duties etc., may be more appropriately graded, it is not possible to establish this without carrying out a job evaluation. Unfortunately the University is precluded from carrying out a job evaluation as per the correspondence from the Department of Education and Skills.”

Decision:

Section 41 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. Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.                                                                                                                                              Being cognisant of the constraints which exist and in deference to the same I recommend that the role be split and offered to the complainant by way of two distinct contracts (pro tem) until such time as the respondent is in a position to conduct a job evaluation. The first would cover the teaching element of the role with terms and conditions commensurate with that of the University Teacher Grade and the second covering the administrate part of the role with the appropriate administrative grade 3 terms and conditions. The contracts should have effect from 1^st of June 2017.

Dated:   25 October 2017