ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00016468

Parties:

Dispute:

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-00021371-001	27/08/2018

Date of Adjudication Hearing: 25/01/2019

Workplace Relations Commission Adjudication Officer: Louise Boyle

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 has been working in a Grade 4 role since 2003 but is paid for a Grade 3 role. She seeks the permanent appointment to a Grade 4

Summary of Complainant’s Case:

The worker has been working since approximately 2003 in a Grade position. She is seeking for this to be formalised.

Summary of Respondent’s Case:

The employer accepted that owing to an omission on their behalf the worker had not been appointed into a permanent Grade 4 role and offered their apologies for this mistake. Her appointment should have been regularised under the terms of HSE HR Circular 17/2013.

Findings and Conclusions:

The facts of the dispute were agreed between the parties and I note that the employer and the worker’s representative have made efforts to resolve this dispute.

I therefore recommend that based on the unique circumstances of this dispute, that the worker should be appointed to a Grade 4 permanent position retrospective to 1st January 2017.

Recommendation:

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

I recommend that based on the unique circumstances of this dispute that the worker should be appointed to a Grade 4 permanent position retrospective to 1st January 2017.

Dated: 30/01/19

Workplace Relations Commission Adjudication Officer: Louise Boyle

Key Words:

Grading, IR Act