Complainant

Respondent

Anonymised Parties

A Worker

A Transport Company

Representatives

N/A

Internal Manager

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-00031613-001

16/10/2019

The complainant alleged that he is continuously required to act up at a higher grade and believes that the respondent should confirm him at this higher grade.

The complainant stated that there is an acute shortage of employees in the next grade and claimed that he is therefore required to act up on a regular basis. He also alleged that a number of staff employed at the higher grade refused to do a number of the tasks assigned to their roles which means that he and a number of his colleagues on the lower grade are obliged to carry out the tasks. He stated that he is not adequately compensated for fulfilling the tasks at the higher grade and is sometimes not paid the acting up allowance. He also claimed that management are bullying some colleagues at his grade by threatening to send them home if they do not carry out the tasks at the higher grade. It was also alleged that they have made their union as well as management aware of the matter but that the matter has not been addressed.

The respondent disputes the number of occasions on which employees on the lower grade have to act up. It was also claimed that it is the prerogative of management to decide on the appropriate manning levels for the department and was also stated that there is a collective agreement in place with the unions which sets out the grading structures and staffing ratios. The respondent denied that management were bullying any workers into carrying out tasks and highlighted that no complaints had been made under either it’s grievance or dignity and respect at work procedures.

I recommend that, in line with the established collective agreement, management perform a review of its staffing levels with a view to examining how many, if any, additional staff at the higher grade may be required.  Should the Respondent decide there is a business need to create any such additional position(s), I further recommend that all applications for any new position(s) be filled in line with the Company’s existing Recruitment policy. This review of staffing levels should be completed within two weeks of receipt of this recommendation.

See above.