ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00007389
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | Public Body |
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-00009809-001 | 20/02/2017 |
Date of Adjudication Hearing: 29/09/2017 & 07/02/2018
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant seeks permanency on the Line he has been on for more than 3 years. A new National Transfer Policy was introduced on 1st November 2014. Prior to then, the previous policy for the relevant area was when a vacancy arose, first preference would be given to the non-rostered relief member with the longest service at that location before another member could transfer in from another location. All versions of the former and current policies stipulate that all transfers are on a grade to grade basis. The Complainant’s Representative argued that the key factor is that as he was on the same line before 1st November 2014 he should have filled the line permanently before the new Agreement was enacted. The Respondent’s Representative argued that as there was no vacancy prior to the 1st November 2014, any vacancy must be filled on a permanent basis through the new National Transfer Policy. |
Recommendation:
I note that the Complainant has been on the same line for almost four years. Had he been occupying a vacancy the pre November 2014 arrangements would pertain. I find that there was not absolute certainty that he was not occupying a vacancy. I accept that the National Transfer Policy is sacrosanct and my Recommendation is designed in no way to circumvent that. I recommend on a once off ‘red circled’ basis that the Complainant is assigned to his line on the basis of the pre November 2014 arrangement.
Dated: 25 May 2018
Workplace Relations Commission Adjudication Officer: Gaye Cunningham