Complainant

Respondent

Anonymised Parties

An employee

An employer

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-00017985-001

09/03/2018

The Complainant in this case has been employed by the Respondent since 01/05/1990, she is currently employed in an employee relations position. The complaint relates to her job grade and has been the subject of a number of meetings going back over a number of years.

An agreement was reached between the Complainant’s union representative and corporate management however the Respondent has failed to honour this agreement.

The Complainant represented herself at the hearing and submitted a comprehensive submission with attachments. Four witnesses appeared for the Complainant.

The Respondent did not attend the hearing.

In November 2016 the complainant made a complaint to the WRC in respect of the non-implementation of an approved decision

On the 10th January 2017 a Memorandum of Understanding was agreed between the complainant & Employee Relations Manager for which delegated the complainant the autonomy, authority, full responsibility & accountability to carry out the role and function as Employee Relations Manager with effect from 10th July 2016

An adjudication hearing was scheduled on 14th February 2017, however due to the fact that positive discussions were taking place at local level between the parties, the complainant agreed to seek an adjournment to allow these positive discussions to conclude.

In the interim the complainant obtained evidence of a decision dated 24th June 2016 approving incremental credit with effect from 1st July 2013 to three of her colleagues in Human Resources Department who were also comprehended by the Regularisation process & also a Freedom of Information request dated 24th April 2017 identified a number of employees who received incremental credit since the implementation of HSE HR Circular 17/2013 – total nationally of 139 employees.

In April 2017 the complainant forwarded a proposal for resolution to FORSA which states:

-          Implement approved decision from 01/04/15...

-          To be appointed as Employee Relations Manager with effect from 10th July 2016 & 6th point of the General Manager Salary Scale €77,034 with an increment date of 10th July 2017 which will then place the complainant on the maximum point (7th) of the stated salary scale i.e. €81,850

-          The proposal also complied with decisions made in respect of the new Community Health Organisation structure in respect of two HSE employees.

On the 4th May 2017 the complainant issued correspondence to the Head of Corporate Management outlining a brief summary of her complaint & proposal for resolution.

On the 9th May 2017 a meeting took place with the complainant’s FORSA representative and Corporate Management which resulted in proposing to implement the approved decision from the next increment date, on considering same & in view of the forgoing the proposal for resolution was not accepted.

A further adjudication hearing was scheduled & convened in June 2017, however due to the contents of the complainant’s submission i.e. incremental credit issue & the fact that the employer was not disputing the complainant’s performance, the parties agreed to adjourn. The Adjudicator adjourned the hearing on the basis that positive discussions would take place & concluded with a positive outcome for the complainant

A further two Adjudication hearings were scheduled in July 2017 & November 2017 & adjourned on the basis that a positive discussion/outcome would be achieved for the complainant.

In November 2017 the complainant issued a further proposed resolution to her FORSA representative which was:

-          To be placed permanently as an Employee Relations Manager with effect from 10th July 2016 on maximum point(7th) of the General Manager salary scale i.e. € 79,481

On the 8th January 2018 an adjudication hearing was scheduled, however discussion concluded and the complainant withdrew her complaint on the basis that:

-          An additional post at ERM level will be created ....

-          The method of filling would not be through competition

-          The effective date will be as per the discussions with FORSA

-          The services of the WRC would be utilised, if required, no later than the 4th February 2018.

The matter was subsequently referred back to the WRC

In conclusion:

-          Complainant agreed to four adjournments on the basis that commitments to positive meaningful discussions would take place with a positive outcome for the complainant

-          The commitment/agreement of the 5th January 2018 was never retracted

-          Precedent set, decisions in respect of Performance Reviews have already been implemented

-          It is also an equitable matter the complainant is seeking to be treated the same as the other HSE employees

-          Complainant withdrew her complaint in good faith and is seeking for the bona fidas of the relevant parties to be honoured

-          Right to fairness has been breached & basis of a legitimate expectation created.

-          Proposals made on 5th January 2018 was a resolution/agreement to all the issues outlined in the foregoing & the complainant is seeking for proposals made on 5th January 2018 to be honoured by taking into account the proposal outlined in correspondence issued to FORSA in November 2017 to assist in reaching a resolution & is seeking:

·         To be placed permanently as an Employee Relations Manager on the maximum of the General Manager Salary Scale €79,481 with effect from 10th July 2016.

The Respondent did not attend the hearing.

In the absence of any information from the Respondent I have to accept the Complainant’s version of events and this appears quite credible.

The Respondent should honour the agreement made with the Complainant’s union representative:

·         “To be placed permanently as an Employee Relations Manager on the maximum of the General Manager Salary Scale €79,481 with effect from 10th July 2016”.

As outlined above.

Industrial Relations issue.