ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00024213
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operative | A Public Body |
Representatives | Derek Kelleher Connect Trade Union |
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Complaint(s):
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-00030960-001 | 17/09/2019 |
Date of Adjudication Hearing: 22/11/2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
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 has worked for the Respondent since 23rd November 2006. |
Summary of Complainant’s Case:
The Worker is a G3 General Operative. He seeks to be upgraded to G02 and he drives a bus for events for the Respondent. This takes place during core hours and he must keep his CPC training up to date. He drives the bus for events at least 12 times per year. On numerous occasions this has been carried out as part of his core duties.
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Summary of Respondent’s Case:
The Worker works Monday to Friday on a contract for 39 hours per week. Overtime is available to staff to voluntarily drive mini buses on Saturdays through a rostered arrangement of 12 Saturdays per annum and a small no of ad hoc occasions. This is voluntary and the Worker can withdraw at any time. Access to GO2 is a promotion and is by competition only involving an interview process. Driving duties are an essential requirement of GO2 and GO3, which does not include bus driving. CPC training is compulsory for staff driving mini buses. Time off is given, and this is paid. |
Findings and Conclusions:
The Respondent consents to a hearing of this dispute by an Adjudication Officer. I have heard and considered carefully the submissions of the parties. The Worker has voluntarily opted to take on additional bus driving duties on an overtime basis. Bus driving by the Worker for a small number of additional events in the evening is facilitated by the Respondent. I do not make any recommendation to regrade the Worker in the circumstances. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I do not make any recommendation to regrade the Worker. |
Dated: 07-07-2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Regrading |