ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019836
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | Health Service Provider |
Representatives | Kevin Little |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00026101-001 |
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 1969] following the referral of the complaint / dispute to me by the Director General, I inquired into the complaint / dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint / dispute.
Summary of Complainant’s Case:
The claimant has been employed with the respondent since 2001 and occupies the position of CNM2.The claimant is aggrieved with the failure by the respondent to pay her arrears of a qualification allowance which it was submitted should have been paid since 2005 when the claimant completed a Higher Diploma in Community Mental Health Nursing. The claimant learned of the allowance from work colleagues and while it was paid from a current date (Dec. 2016) when she raised the matter , the arrears since 2005 remained outstanding. When the claimant competed for the CNM2 position in 2007, she included all of her qualifications including the Diploma in Community Mental Health. The union was seeking the payment of arrears from 2007 to December 2016.The claimant referred to other allowances paid to her and in respect of which she did not have to make an application for payment. It was submitted that the respondent had utilised the cliamant’s qualifications and skilled and was being unreasonable in denying her the arrears for the disputed period. |
Summary of Respondent’s Case:
The respondent submitted that it was not in a position financially to pay arrears of 11.5 years and submitted that it was not made aware that the claimant held this specialist qualification. This was a retrospective claim of considerable length and the respondent was amenable to settling the dispute amicably. |
Recommendation
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
I have reviewed the submissions made at the hearing and noted the respective position of the parties. I recommend in full and final settlement of this dispute that the respondent pay the claimant €8,000 compensation. This recommendation is based on the unique circumstances pertaining in this dispute and cannot be invoked or relied upon at any other forum. |