ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00016848

Parties:

Complaint(s):

Date of Adjudication Hearing: 10/12/2018

Workplace Relations Commission Adjudication Officer:Jim O'Connell

Procedure: 

In accordance with Section 13 of the Industrial Relations Acts 1969 following 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  

The union submitted that the claimant commenced employment with the respondent on the 1st June 1969 in the Prosthetics Department and that he has various titles. The Claimant’s workload has increased with the retirement of a colleague and an increase in student numbers.

In 2013 the Labour Court recommended that an independent arbitrator evaluate the role performed by the claimant relative to that performed by an academic lecturer.

It was recommended the claimant attain an M.A. and then apply for above the bar grade visa the respondent's appropriate appointments board.

The claimant was awarded an Honorary Masters Degree in 2014 and his title changed to lecturer in Dental Technology.

It was submitted that the claimant’s application failed due to the lack of research and fundraising. The claimant’s appeal was rejected.

It was submitted that the unique circumstances of the case that he should be appointed to the lecturer above the bar grade, on a red circle basis.

The respondent submitted they cannot concede to the request to provide for incremental progression on the Lecturer above the bar salary scale, to the maximum point, for the claimant or to concede to 50% of the difference.

Following the Labour Court recommendation (LCR19387) and the implementation of the proposals that arose from an independent evaluation of the claimant’s role agreement was reached in 2013 that the claimant would be re-graded as a Grade 1 Lecturer in Dental Technology (Lecturer below the bar). As the claimant ’s salary at that time was higher than the maximum point of the Lecturer below the bar scale, his existing salary was to be protected and red-circled. This agreement was on a full and final settlement basis and it was accepted that there would be no consequential claims.

Findings 

I find that both parties made written and verbal submissions at the hearing.

I find that an agreement was entered by the claimant and the respondent in 2010. I find that the claimant s salary was set on a red circle basis and that there would be no consequential claim/s

I find there is a process and a criteria through which applications for progression across the bar for lecturers are considered.

Decision: 

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

I cannot recommend concession of the claim and it falls.

Dated:   11th April, 2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell