ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00017617

Parties:

	Complainant	Respondent
Anonymised Parties	A Teaching Assistant	A University

Representatives

SIPTU

Complaint:

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-00022720-001	19/10/2018

Date of Adjudication Hearing: 15/11/2019

Workplace Relations Commission Adjudication Officer: Louise Boyle

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969 following 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 a grievance in relation to her job grade and the failure of the employer to process this grievance.

Summary of Worker’s Case:

The worker has been a Part-time Teaching Assistant and Academic Co-Ordinator working with the employer since 2008.

She detailed that she does the same work as that of a Lecturer and that she should be allowed to raise a grievance in relation to such disputes, have a job evaluation carried out and if appropriate remunerated at the grade of Lecturer.

It was detailed that the employer had accepted a previous recommendation which detailed the employer would create “a process for dealing with grievances employees may have regarding their grades” (A HR Employee & A Third Level InstitutionADJ 5665) but that the employer a year later detailed that grievances in relation to grades cannot be dealt with through the employer’s grievance procedure and there is no other procedure through which workers can raise such grievances.

Summary of Respondent’s Case:

The employer set out that they have been working with SIPTU to deal with disputes.

The employer was advised by the Department of Education and Skills that grading claims are de facto pay claims by the Department.

The employer confirmed that disputes in relation to regrading are, therefore, excluded from the employer’s grievance procedure.

Findings and Conclusions:

Section 3 of SI 146 of 2000 sets out

“In the interest of good industrial relations, grievance and disciplinary procedures should be in writing and presented in a format and language that is easily understood. Copies of the procedures should be given to all employees at the commencement of employment and should be included in employee programmes of induction and refresher training and, trade union programmes of employee representative training. All members of management, including supervisory personnel and all employee representatives should be fully aware of such procedures and adhere to their terms.”

It is also set out in Section 4(3) (General Principles)

“Good practice entails a number of stages in discipline and grievance handling. These include raising the issue with the immediate manager in the first instance. If not resolved, matters are then progressed through a number of steps involving more senior management, HR/IR staff, employee representation, as appropriate, and referral to a third party, either internal or external, in accordance with any locally agreed arrangements.”

The employer was previously advised of this obligation in Adj 5665 whereby the recommendation was that the “respondent should agree a dispute resolution procedure that allows for the handling of all grievances at local level in the first instance. This will ensure their compliance with SI No 146 of S.I. No. 146 of 2000 Code of Practice on Grievance and Disciplinary Procedures”.

It seems truly extraordinary that on the one hand an employer accepts a recommendation, as this employer did in 2017, regarding the entitlement of workers to raise disputes through a grievance procedure, but then reneges on this basic right.

I recommend as follows:

Owing to the unique circumstances of this dispute as well as what appears to be a blatant disregard to SI 146 of 2000 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000), the employer should pay the worker €5,000.

Grievances, including those in relation to job grading should be processed through the employer’s grievance procedure to determine the merits or other wise of such disputes.

The worker should be allowed to process her current grievance through the employer’s grievance procedure to determine the merits or otherwise of her dispute as a matter of urgency.

Decision:

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

I recommend as follows:

Grievances, including those in relation to job grading should be processed through the employer’s grievance procedure to determine the merits or other wise of such disputes.

The worker should be allowed to process her current grievance through the employer’s grievance procedure to determine the merits or otherwise of her dispute as a matter of urgency.

Dated: 2nd December 2019

Workplace Relations Commission Adjudication Officer: Louise Boyle

Key Words:

Grievance procedure, industrial relations act