ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00028795
Parties:
| Complainant | Respondent |
Anonymised Parties | Personal Assistant to Head of School | University |
Representatives | Barnaba Dorda SIPTU | Peter Flood IBEC |
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-00037979-001 | 19/06/2020 |
Date of Adjudication Hearing: 09/11/2020
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:
This dispute related to the grade applied to the worker. |
Summary of Worker’s Case:
The worker argued that her grade was incorrectly graded at a level of SEA (Senior Executive Administrator) instead of AOII (Administrative Officer 2). The worker took up the position on a fixed term contract in April 2018. It was graded at AO2 level. She was on maternity leave between June 2018 and May 2019. On her return to work following her maternity leave she was advised that the role could be downgraded to SEA. She wished to continue in the role and voiced her concerns about it being downgraded. The permanent position was advertised. It was at SEA level. The worker applied for the role and was successful. She signed her contract under protest. She felt humiliated and unfairly treated by her employer. |
Summary of Employer’s Case:
The employer’s position was that following an internal service review of the entire college structure, a job grading committee graded the position at SEA level. When the permanent position was advertised, it was on the newly approved job description and grade level as SEA. This was in line with the agreed organisational structure for the school. The grading structure was put in place with the agreement of the unions including SIPTU. The employer argued that to treat the worker more favourably than other PA’s to Heads of School would undermine the agreed job grading structure for this role. |
Findings and Conclusions:
The permanent position was advertised at a grade of SEA level following an internal review. The worker applied for this position and was successful. Having considered the dispute both the substantial written submissions and the oral submissions, I am not recommending that the post be regraded to that of AO11. I cannot encourage a breach of an agreed procedure. |
Recommendation:
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: 12th May 2021
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Regrading of position. |