ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00012638
Parties:
| Complainant | Respondent |
Anonymised Parties | An Office Worker | A Health Service Provider |
Representatives | Tony Martin FORSA Trade Union | Not present |
Complaint(s):
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-00016718-001 | 10/01/2018 |
Date of Adjudication Hearing: 28/08/2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant is seeking an upgrade to Grade 6 Clerical Officer and retrospective payment to 2013. |
Summary of Complainant’s Case:
The Complainant is employed since 2004 by the Respondent. She is currently Grade 5 Clerical Officer working in the Business Support Unit. The Complainant has assumed responsibilities of a Grade 6 but under the Moratorium she has not been granted the appropriate Grade. In June 2015 the Complainant sought regularisation of her Grade under the terms of circular 017/2013. In March 2016 the Complainant requested a specific purpose contract to cover the role she has carried out since 2013. None was forthcoming. In September 2016 the Complainant became aware that several of her colleagues in the West had been upgraded and she was not. She wrote to the Respondent seeking equal treatment with her colleagues. The Complainant lodged a grievance in April 2017. Her clam was not upheld under Stage 2 of the grievance and she appealed under Stage 3 and was again refused her appeal. |
Summary of Respondent’s Case:
The Respondent was not present at the Hearing. |
Recommendation;
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Complainant write to the Respondent within three weeks of the date of this decision and identify, in writing to the Respondent, the Comparators/Job Roles she states she should be granted parity with at Grade 6. I recommend that the Respondent then conclude a job comparison/full job evaluation by an Independent Job Evaluator of the jobs involved and make a conclusion on the merit of the Complainants claim. This evaluation and conclusion should be reached within two months of the job roles being identified by the Complainant and the report provided to the Complainant and her Representative. If the Complainants case is proved to succeed, then the matter of the backdating of pay should be the subject of local negotiation between the parties but the Complainant, if successful in her Grade upgrade claim, has the option at any future time to refer the matter of back pay back to the WRC for separate adjudication. |
Dated: 18th October, 2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien