ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00011467
Parties:
| Complainant | Respondent |
Anonymised Parties | Teaching Assistant | Third Level Institution |
Representatives | SIPTU | IR Practitioner |
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-00015301-001 | 25/10/2017 |
Date of Adjudication Hearing: 24/01/2018
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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 respondent has employed the complainant as an instructor/part-time teaching assistant (PTTA) since 2015 at which time she was assimilated as part of the integration of the Shannon College of Hotel Management into the University. She is paid in accordance with the administrative grade 3 salary scale. The dispute concerns the appropriateness or otherwise of her grade and she seeks re-grading. The parties made written and oral submission to the hearing. |
Summary of Complainant’s Case:
The complainant submits that she is inappropriately graded in that her designated grade falls outside of the respondent’s policy for the employment of PTTA’s. she has a permanent part-time contract and not a fixed term contract per policy and she exceeds the maximum weekly hours permissible for a PTTA. The ‘LRC note re Education Sector Measures in Proposed Lansdowne Road Agreement’ refers to the priority right of DES as it relates to the conduct of job evaluation exercises for staff on administrative grades. No such authority has been sought in this case despite a grievance having been lodged in February 2017 and a commitment to revert within two weeks following a meeting on the 19th of April. Three reminders were ignored and the matter was referred to the WRC on the 25th of October 2017. She seeks a recommendation that her present grade is inappropriate, that her role be subject of a job-grading evaluation by a suitably qualified person to determine the appropriate grade and that any consequent upgrading should have retrospective effect from 13th of February 2017. |
Summary of Respondent’s Case:
The respondent submits that ADJ-00005797-001 determined that cases of individual claims should be processed through the respondent’s grievance procedure. Heretofore it was felt that where management could not award the remedy sought that this course was inappropriate. It petitions for an appropriate recommendation in these circumstances. |
Findings and Conclusions:
The recommendation in ADJ-00005797-001 issued on the 8th of May 2017 which gave the respondent sufficient time to apply it in the instant case. Consequently, I find that a specific recommendation is required. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the respondent accept that her present grade is inappropriate and that it should seek the authority of DES for permission to conduct a job-grading evaluation by a suitably qualified person to determine the appropriate grade and that any consequent upgrading should have retrospective effect from 13th of February 2017. |
Dated: 17th September 2018
Workplace Relations Commission Adjudication Officer: Michael Hayes
Key Words:
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