ADJUDICATION OFFICER DECISION & RECOMMENDATION

Adjudication Reference: ADJ-00015274

	Complainant	Respondent
Anonymised Parties	A Teaching Fellow	A University Department

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-00019730-001	12/06/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00019730-002	12/06/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00019730-003	12/06/2018

Date of Adjudication Hearing: 04/09/2018

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015; Section 7 of the Terms of Employment (Information) Act, 1994: Section 27 of the Organisation of Working Time Act, 1997 and 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).

At the commencement of Proceedings, the Respondent pointed to what was alleged to have been a failure in Notification & Address Processes specifically in relation to the Industrial Relations Act, 1969 complaint.

They pointed out that once they had been made properly aware of the IR Act complaint CA - 00019730-001 they had exercise their legal right to formally object to the complaint being Investigated by an Adjudication Officer.

Following some discussion between the parties and the Adjudication Officer this position was accepted and accordingly no Investigation under the Industrial Relations Act,1969 took place.

Background:

The issues in contention relate to the structure of the Employee’s contract (10 or 12 months), her possibilities of career progression, the alleged failure to provide her a Statement of her Terms and Conditions and the alleged failure to pay her the appropriate full Annual Leave entitlement.

1: Summary of Complainant’s Case:

CA -00019730-002 – Terms and conditions of Employment Complaint.

The Complainant alleged that she had not received amended Terms and Conditions of Employment following the changes to her salary and status at the conclusion of the Rights Commissioner and Independent Review in 2015.

CA-00019730-003 - Organisation of Working Time complaint

The Respondent has failed to honour the proper Annual leave entitlements of the Complainant.

2: Summary of Respondent’s Case:

CA -00019730-002 – Terms and conditions of Employment Complaint.

The Respondent accepted that a formal revision of Contract to reflect salary uplift and pension scheme membership had never been issued to the Complainant at the close of 2015. However, the changes had been the subject of detailed correspondence and the issuing of a formal statement had never been requited by the Union then representing the Complainant. Any breaches of the Terms of Employment (Information) Act, 1994 were purely a very minor technical issue and has not resulted in any detriment to the Complainant. The College had offered to issue Revised terms once the request was made.

CA-00019730-003 - Organisation of Working Time complaint

The Complainant is employed in a unique personal position following the conclusion and agreed settlement of the quite lengthy Rights Commissioner, Independent Review and Labour Court process in 2015. As a result of this settlement she has a pay link to certain points of the Teaching Fellow grade.

The method of her taking of Annual leave is in keeping with College norms that apply to a wide range of Academic staff. The claim for changes to her Annual Leave position has no factual foundation. She has received her full Annual leave entitlement each year and a claim under the Organisation of Working Time Act,1997 has no basis.

In addition, her claim for a twelve-month salary as opposed to her current 10-month salary was not ruled upon during the 2015 processes and if considered today would have significant Industrial Relations implications across the College.

These two issues of Leave and Duration of Contract flow from the earlier Industrial Relations process and if being reactivated need, first of all, to go through internal College processes prior to coming to the WRC.

3: Findings and Conclusions:

CA -00019730-002 – Terms and conditions of Employment Complaint.

It is accepted that a very minor breach of the Act took place here. Redress in the amount of € 50 Euro is awarded.

CA-00019730-003 - Organisation of Working Time complaint

The methodology of the taking of Academic Annual leave outside of active Term Time was explained by the Respondent.

I could see no breach of the Organisation of Working Time Act,1997 in the Complainant’s case.

The claim is accordingly dismissed.

4: Decision and Recommendation:

Section 41 of the Workplace Relations Act 2015; Section 7 of the Terms of Employment (Information) Act, 1994; Section 27 of the Organisation of Working Time Act, 1997 and Section 13 of the Industrial Relations Acts 1969 requires that I make a decision/recommendation in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Summary Decision/Recommendation
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00019730-001	Adjudication Officer Investigation formally objected to by one of the Parties. No Investigation took place.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00019730-002	A minor Technical Breach of the Act took place. Redress in the amount of € 50 is awarded.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00019730-003	No Breach of the Act took place. Claim is dismissed.

Dated: 08/10/18

Workplace Relations Commission Adjudication Officer: Michael McEntee

Key Words: