ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00018421
Parties:
| Complainant | Respondent |
Anonymised Parties | A Health worker | A public body |
Representatives | John Delamere, Employee Relations |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00023613-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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 complainant is claiming a relationship with a grade in the local authority sector and submits that a pay rise given there in 2007 should apply to her. |
Summary of Complainant’s Case:
The complainant has an established pay relativity with Local Authority Grades. These grades were paid an increase of 5% in 2007. Accordingly, her pay should be adjusted in line with this increase. |
Summary of Respondent’s Case:
The claim is in respect of an award made under the provisions of the review body on higher pay in the public service. This report was never applied in the respondent’s sector and this issue remains outstanding and should, if the union wishes, be pursued under the Public Service Stability Agreement. There never has been a link between staff of the respondent and the Local Authority sector. The complainant’s salary is in fact linked to another grade within the respondent’s sector. There are at least 6 other staff in a similar position to the complainant who have not received any increase under the above-mentioned report. |
Findings and Conclusions:
Section 13(2) of the Industrial Relations Act 1969 provides as follows; (2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner I am satisfied that this claim relates to a rate of pay and therefore find that I do not have jurisdiction to recommend on the dispute |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
As this claim relates to a rate of pay I do not have jurisdiction to make a recommendation |
Dated: July 16th 2019
Workplace Relations Commission Adjudication Officer: Shay Henry