ADJUDICATION OFFICER RECOMMENDATION

 Adjudication Reference: ADJ-00010294

Complaint:

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 CA-00013377-001 29th August 2017   Date of Adjudication Hearing: 13th December 2017Workplace Relations Commission Adjudication Officer:  Seán Reilly

Procedure:

In accordance with Section 13 of the Industrial Relations Act 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:

In her Complaint Form the Complainant stated inter alia:“Since the introduction of the Structured Annual Leave Agreement in 2012, staff have to apply for one weeks leave, they have no choice.   Single days applications are automatically refused as mine were in 2016, despite the fact that I was entitled to Annual Leave that year.   The Fact that staff are forced to take a full week instead of the few days that they really want puts a terrible strain on the Service.   The remaining staff can end up working all over the holiday period, covering shifts for staff who were forced to take Annual Leave that they did not need.There is nothing more demoralising than a system that makes no sense and that puts unnecessary and avoidable stress on a workforce. It must be possible to recognise Christmas for the important family holiday that it is and to amend the Structured Annual Leave Agreement accordingly.”  

Findings, Conclusions and Decision:

Section 13 of the Industrial Relations Act 1969, requires that I make a recommendation setting forth my opinion on the merits of the dispute.   Section 13 of the Industrial Relations Act 1969 deals with disputes that may be referred to or dealt with a then Rights Commissioner since amended to an Adjudication Officer and in that respect it states: “(2) Subject to the provisions of this Section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner.” It is crystal that and made explicit by her that what the Complainant is seeking is to amend a collective agreement (the Structured Annual Leave Agreement).   It is equally clear that in accordance with Section 13(2) of the Industrial Relations Act 1969, I cannot entertain or deal with such a dispute and I must decline to entertain the claim/complaint.  

Dated: 17/01/2018

Workplace Relations Commission Adjudication Officer: Seán Reilly

Key Words: Pay Grade Dispute