ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00017110

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-00022169-001	26/09/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00022180-001	26/09/2018

Date of Adjudication Hearing: 13/03/2019

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act 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).

Background:

Claim Reference Number - CA-00022169-001 was withdrawn at the Hearing. The Complainant is a ICO Paramedic and wishes to attend a one day training course for Paramedics and the Respondent was not granting this request.

Summary of Complainant’s Case:

The Complainant was redeployed under a National Plan.

The Complainant is a ICO Paramedic and wishes to attend a one day training course for Paramedics to keep up her skill sets.

The Complainant has the capability to do the training and it would be a good service for the Respondent to have if she were trained.

Summary of Respondent’s Case:

Staff who work as an ICO are only allowed work as an ICO normally and are only authorised to work at EMT level and not Paramedic level based on the Medical Directors guidance.

The Respondent cannot upskill staff to a level they are not operating at.

The option of operating at Paramedic level was and still is available to the Complainant but she has declined this opportunity.

The issue has no effect on the Complainant’s pay and the benefits proposed of the Complainant doing the training do not appear workable and may cause operational problems.

Recommendation:

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

Having considered the submissions I recommend the following;

a) The Complainant be granted an opportunity to attend the training at the next reasonable opportunity at her own expense for the day.

b) If she wishes to be considered for a Paramedic role she must apply for it in the normal way.

c) There is no obligation on the Respondent to appoint the Complainant to the role of Paramedic arsing out of accepting this Recommendation and the Complainant completing the Paramedic training.

d) The completion of this training gives the Complainant no specific rights in the event of any future claim for a Paramedic position relating to her skill set.

Dated: 30/04/19

Workplace Relations Commission Adjudication Officer: Peter O'Brien