ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00009568
Parties:
| Complainant | Respondent |
Anonymised Parties | Litigation Co-Ordinator | Health Service Provider |
Complaint:
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-00012508-001 | 14th July 2017 |
Date of Adjudication Hearing: 5th December 2017
Workplace Relations Commission Adjudication Officer: Seán Reilly
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 andfollowing the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The Complainant had submitted the following dispute in her Complaint Form to the WRC.
“Acknowledged omission by my Line Manager which resulted in me not being regularised under Haddington Road Circular, previous post holder was Grade V and I am being paid Grade IV and my comparators are paid at Grade V or higher. I am seeking that I be paid the rate for the job and that I should have rightly being regularised under Haddington Road, I have sought an Acting Allowance until the matter is resolved, however my Employer insists my only option is Job Evaluation. I strongly disagree in that the post is acknowledged Grade V; there is no time frame around this process and no retrospection all which further disadvantages me.”
The Complainant is seeking to be upgraded from Grade IV to Grade V and she is unwilling to use the Job Evaluation Scheme set up for such cases and the subject of an Agreement between the trade union representing the grades involved, including the one the Complainant is currently on and the one she is seeking to be regraded to.
Findings, Conclusions and Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation setting forth my opinion on the merits of the dispute.
The Complainant is seeking to be upgraded from Grade IV to Grade V. There is a collective agreement in place to deal with such disputes, the Job Evaluation Scheme (JES) and the job and grade the Complainant is currently paid by and the one she is seeking to be in is covered by the terms of that collective agreement and the associated Job Evaluation Scheme.
Plainly the instant case involves matters covered by a collective agreement and equally plainly in accordance with the provisions of Section 13 of the Industrial Relations Act I cannot entertain the claim/complaint and I must decline to entertain the claim/complaint.
Dated: 16.1.18
Workplace Relations Commission Adjudication Officer: Seán Reilly
Key Words: Pay Grade Dispute