ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00029404
Parties:
| Complainant | Respondent |
Anonymised Parties | Social care worker | Social care organisation and residential home |
Representatives | Tony Martin Forsa Trade Union |
|
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-00039226-001 | 18/08/2020 |
Date of Adjudication Hearing: 01/04/2021
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
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 Employer is a provider of services to adults with an intellectual disability. |
Summary of Worker’s Case:
The Worker commenced employment with the Employer in 2015. Any new employee coming into the organisation are paid on a higher scale. The difference is circa €4,000.00 per annum. She is seeking retrospective application to her of the correct pay scale appropriate to her grade and any monies outstanding to her as a result dating back to 2015. |
Summary of Employer’s Case:
The worker is a valued member of its staff. If it was in a position to make the payment, it would. However, it was restricted in its funding to the budget allocated by the HSE (its primary funder) and couldn’t afford to pay increments to staff. The Worker’s claim if it was conceded to would affect all members of staff. It currently has 252 members of staff. |
Findings and Conclusions:
It is understandable that the Worker feels aggrieved at her pay treatment with the system that is in place. If she was to move to a new employer she would be on the higher pay scale. However, I cannot recommend that she is moved to the higher pay scale as that would be an additional finance burden and have implications for more than just herself. It would have wider effect for those not represented before me. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute. I am unable to accept the workers case and I make no recommendation. |
Dated: July 26th 2021
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Pay scale. Financial restrictions |