ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00020969
Parties:
| Complainant | Respondent |
Anonymised Parties | A Librarian | A Third Level College |
Dispute:
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-00027641-001 | 09/04/2019 |
Date of Adjudication Hearing: 11/12/2019
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 detailed that her role has changed without appropriate consultation. |
Summary of Worker’s Case:
The worker details that changes were implemented within the Library which has significantly changed her role without appropriate consultation.
The worker detailed the impact this has had on her health.
The worker seeks that she be allowed to continue the work she did prior to the changes. |
Summary of Employer’s Case:
The employer outlined that the needs of the library has changed and as a result the worker’s role has changed including the need for her to carry out generic training.
It was detailed that the worker has at all times been consulted on and engaged with on these changes and that she is a valued highly skilled member of the team. |
Findings and Conclusions:
I note that in 2016 a new strategy for the library was launched which necessitated changes which impacted on the worker’s role.
Having considered all the submissions and evidence I recommend as follows due to the unique circumstances of this dispute:
Firstly, the worker should continue to assume all duties associated with Academic Skills Librarian, including generic training which is a requirement of this role.
Secondly, the worker should have the opportunity to express an interest in any suitable assistant librarian vacancy which occurs. The effect of this shall be that once the worker expresses an interest in a suitable vacancy, she will be given first priority in filling the post, without a competition. It will be for management to remain conscious of this in the event of future vacancies at assistant librarian grade occurring.
Thirdly, the worker and employer retain the right to utilise appropriate procedures available to them including, the grievance, performance management and disciplinary procedures. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend as follows due to the unique circumstances of this dispute:
Firstly, the worker should continue to assume all duties associated her role of Academic Skills Librarian, including generic training which is a requirement of this role.
Secondly, the worker should have the opportunity to express an interest in any suitable assistant librarian vacancy which occurs. The effect of this shall be that once the worker expresses an interest in a suitable vacancy, she will be given first priority in filling the post, without a competition. It will be for management to remain conscious of this in the event of future vacancies at assistant librarian grade occurring.
Thirdly, the worker and employer retain the right to utilise appropriate procedures available to them including, the grievance, performance management and disciplinary procedures.
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Dated: 2nd April 2020
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Industrial relations change in role |