FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE (REPRESENTED BY BYRNE WALLACE) - AND - A WORKER (REPRESENTED BY BERNIE WALSH) DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal Of Adjudication Officer Recommendation No. ADJ-00011977
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 16 May 2018 the Adjudication Officer issued the following Recommendation:-
"I recommend in full and final settlement of this dispute that the respondent implement Mr. M's April 2017 finding and regularise the claimant as a Grade 8 with effect from 1st Jan, 2013. I further acknowledge the distress that has arisen for the claimant through this protracted acrimonious dispute and recommend that he be paid €10,000 compensation for same."
The Employer appealed the Recommendation of the Adjudication Officer to the Labour Court on 22 June 2018. A Labour Court Hearing took place on 29 November 2018. The following is the Recommendation of the Court:-
DECISION:
This matter comes before the Court as an appeal of a decision of an Adjudication Officer made under the Industrial Relations Act, 1969. The Respondent in this appeal did not attend the hearing of the Court. The Court is satisfied that the Respondent was properly notified of the date, time and location of the hearing.
The Appellant set out that the Respondent is seeking re-grading from Grade VII to Grade VIII within the Grading structure of the Appellant.
The Appellant submitted that the Respondent does not meet relevant criteria for ‘regularisation’ at Grade 8. The Appellant also submitted that the Respondent had been interviewed in a competitive process for appointment to Grade VIII but was unsuccessful in that competition. Finally, the Appellant submitted that a process which was specifically established to address matters such as Grading in Internal Audit had not resulted in the grading of the Respondent at Grade 8 on the basis that he did not meet relevant criteria.
On the basis of the uncontested submission of the Appellant the Court concludes that the appeal must succeed. The decision of the Adjudication Officer is set aside.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
CC______________________
6 December 2018Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.