ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00019688
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Service Co-Ordinator} | {A Public Sector Body} |
Representatives | Eimear Ryan Fórsa Trade Union |
|
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-00026167-001 | 08/02/2019 |
Date of Adjudication Hearing: 04/06/2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following 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 Worker is a Service Co-ordinator. The parties have been unable to resolve the Worker’s correct rate of remuneration since it was first raised in 2017. She is managing 10 staff a number of whom are paid more than her. |
Summary of Complainant’s Case:
The Worker is receiving the incorrect rate of pay. An offer was made by Respondent to regrade her to the Co-ordinator scale, however this is substantially less than her equivalent roles in other areas. The Support Workers were regraded to align with Care Workers. Care Workers report to a Care Manager, and the Worker should be aligned to the Care Manager grade. |
Summary of Respondent’s Case:
The Respondent was established in 2014. New grade codes were put in place in October 2017. The Minister of the Department sets the terms and conditions, grades and number of grades for employees under statute. Regrading is precluded under the Public Service Stability Agreement 2018-2020 and the parties agreed there will be no cost increasing claims for improvements in pay or conditions of employment by employees. An agreement was reached where support workers were re-graded to support practitioner grade on a salary aligned with care worker (unqualified) grade. The Respondent recognised the anomaly and offered to regrade the Worker to support coordinator backdated to 1 January 2014. This was rejected by the Worker. A further offer was made to the Worker that she be regraded to Co-Ordinator grade backdated to 17 October 2017. The Respondent disputes that the Worker has the same responsibilities as the Managers. |
Findings and Conclusions:
I have heard and considered carefully the submissions of the parties. The Respondent has offered to regrade the Worker to support co-ordinator, backdated to 1 January 2014. I recommend the Worker should be regraded to support co-ordinator, backdated from 1 January 2014 to 23rd October 2017. The Respondent has offered to regrade the Worker to Co-Ordinator grade backdated from 24th October 2017 to date, and I recommend the Worker is regraded to Co-Ordinator grade from 24th October 2017 to date. The regrading to take place immediately. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend the Worker should be regraded to support co-ordinator, backdated from 1 January 2014 to 23rd October 2017. From 24th October 2017 to date, I recommend the Worker should be regraded to Co-Ordinator grade backdated to 24th October 2017. |
Dated: 18th December 2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Regrading, Public Service Stability Agreement |