ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017743
Parties:
| Complainant | Respondent |
Anonymised Parties | Teacher | Government Department |
Representatives | Self represented |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00022896-001 | 26/10/2018 |
Date of Adjudication Hearing: 30/04/2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 14 of the Protection of Employees (Fixed term work) Act 2003, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant’s complaint is that she has been treated less favourably in relation to payment for incremental credit. |
Summary of Complainant’s Case:
The Complainant stated that she is a Teacher in a College of Further Education. She was given a fixed term contract in 2010 and started on point 3 of the scale. She applied for incremental credit for previous experience and was refused. In 2013 she was given a full time Contract of Indefinite Duration (CID) and her College fully supported her request for incremental credit. Despite this, the Department has refused to grant it, even in light of many requests, appeals and support from her Union. The Complainant contends this is an ongoing discriminatory act and that she has been treated less favourably than other colleagues. |
Summary of Respondent’s Case:
The Respondent raised a number of preliminary points. Firstly, The Respondent is not the employer of the Complainant. Secondly, the Complainant, as a holder of a CID post since 2013 does not have the locus standi to bring a claim under the Fixed Term Work Act. Finally, the Independent Credit Appeals Committee made a final decision in September 2016 to refuse the credit sought and the Complainant lodged this complaint with the WRC more than 2 years later on 26th October 2018. |
Findings and Conclusions:
This complaint was received on 26th October 2018. The Complainant was not at the time a fixed-term worker and therefore cannot avail of the provisions of the Act. This complaint is misconceived and I declare it to be not well founded. |
Decision:
This complaint is misconceived and I declare it to be not well founded.
Dated: 23rd July, 2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham