Complainant

Respondent

Anonymised Parties

Manager

Health Promotion Office

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-00012120-001

26/06/2017

This is a claim for regularisation of the complainant’s position and backdating of contract.

The Complainant’s case is that in 2012 she was grade 7 senior executive officer. The grade 8 manager of her section retired and she was asked to take on his role in an unpaid capacity. She took up his role in February 2012. In October 2014, the general manager (head of the section) was seconded to another division. She was asked to undertake his role and act as regional manager. She was provided a specific purpose contract backdated to 2013 to grade 8. Her current position is that she is a grade 7 on a specific purpose contract as a grade 8. She is not being paid as a general manager. She is seeking regularisation as a permanent grade 8 and backdating of her acting general manager contract.

She feels very disrespected and that her goodwill has been abused. She is very committed to her role in the organisation. However, as she is not recognised as a general manager she can’t compete for general manager roles.

She believes that if a new structure is put into place she could end up being demoted back to grade 7.

She feels she has no financial or job security.

She wants recognition in her title. She wants her own position. She can’t trust the system and wants to be treated with equality.

The Respondent’s agreed with the facts of the case as outlined by the Complainant above.

The Complainant was appointed temporarily as a grade 8 backdated to October 2013 in line with circular 17/2013 in October 2014. She has continued to be paid on the grade 8 since then.

She was not paid as a temporary general manager because there is no position number available. The number was occupied by the seconded staff member referred to above.

There was correspondence between the parties which was opened to me.

The Respondent’s position is that there is no vacant general manager position for her to act into. Efforts have been made to sort out her position.

In October 2017, it was agreed in principle to offer a specified purpose contract for her role as general manager. In November 2017, she was offered a temporary general manager contract backdated to October 2014 on the proviso that she would carry out and fulfil the entire role including all national aspects of the role.   The Complainant replied indicating she would not accept the offer made.

Recruitment of all new and promotional positions within the Respondent is dealt with by the national recruitment service, all new and promotion posts must be recruited through an open and transparent recruitment process which includes an application and interview process.

Circular 17/213 applies. To qualify for regularisation the staff member had to be acting in an approved vacancy for a period of at least two years from the 31st of December 2012.

The Complainant was appointed on a temporary contract to the position of grade 8 in October 2014. This appointment was backdated to October 2013 in line with the circular.   She did not satisfy the criteria for appointment permanently under the circular.

The Complainant is free to apply for grade 8 posts and all general manager posts when advertised.

There is no other pathway to regularise the Complainant into a grade 8 role.

The Complainant could not have been under any illusion that the positions she held since February 2012 were other than temporary positions and not permanent.

They made a very reasonable offer in relation to her role as general manager. She refused to accept this offer. There is no other process in the Respondent to appoint her to the permanent grade 8 role as she requested.

I have considered the detailed submissions of both parties and the oral submissions made at the hearing.

I am of the view that the Respondent’s proposal of the specified purpose contract as temporary general manager from October 2014 to the 31st of January 2018 is reasonable.

Accordingly I don’t recommend in favour of the Complainant’s case.

I find against the Complainant.

Regularisation of position