Worker

Employer

Anonymised Parties

An Immediate Care Operative

An Ambulance Service Provider

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00017480-001

16/02/2018

The worker is an immediate care operative and is looking for his previous service to be recognised.   He lodged a formal grievance and this was never concluded.

The worker commenced employment in 1992 as an Emergency Medical Technician until 2000 when he left on leave of absence until 2002, working abroad in the same area of work.   He returned in 2009 and took the necessary training and worked within a private ambulance organisation before recommencing employment with the employer in 2013. To his surprise he was placed on the first point of the salary scale as he expected there would be recognition of his previous service.

On approximately 12 occasions whereby emails, phone calls, correspondence were sent to the employer (details of which were provided) looking for the matter to be dealt with and despite many promises that he would be placed on the appropriate scale; this was not done.

The worker has done everything to try and progress his grievance but despite repeated promises including by email dated 14 July 2015 from the Operations Manager, Mr A which stated that “(all) is in order”, nothing has been done which is in breach of agreed procedures including HSE HR Circular 005/2015 and HR Circular 002/2011.

The employer did not attend or provide any reason as to why they would not be in attendance. I confirmed that a letter had issued notifying the employer of the date, time and location of the hearing and find their non-attendance without any acceptable explanation to be unexplained in the circumstances.

It was unfortunate that the employer did not attend.

It was clear from the submission of the worker that this issue has been ongoing and that despite repeated promises the issue has not been resolved which in all the circumstances I find quite extraordinary.

Based on the evidence presented by the worker, including the email from Mr A on 24th July 2015 which detailed that the worker’s “incremental review application is in order”, I recommend the following:

Due to the unique circumstances of the dispute, the worker should be placed on the revised point of the EMT scale taking into account his previous service.

I further recommend that the worker receive compensation to the value of €350 for the failure of the employer to deal with this issue despite their repeated promises to do so.

Due to the unique circumstances of the dispute, I recommend that the worker should be placed on the revised point of the EMT scale taking into account his previous service.

I further recommend that the worker receive compensation to the value of €350 for the failure of the employer to deal with this issue despite their repeated promises to do so.

Service, IR Act, grievance