Worker

Employer

Anonymised Parties

Manager

Health Services

Representatives

Bernie Walsh

 Employee Relations Section

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00041340-001

30/11/2020

The worker seeks to be fast tracked through a job evaluation system and relies on a Labour Court Decision that recommended that the process should commence for the manager’s grade. That process has never begun. Separately and independent to that recommendation there is an job evaluation process open in the service and the process is subject to a waiting period determined by the classification of the referral. This process currently has a very significant backlog of applicants, with clear criteria established regarding the progression of the various categories of applicants. The criteria have been agreed as part of a collective process.

The worker has reached an age where he can retire and based on the fact the Labour Court recommendation that he relies upon LCR 19610 was dated 7th August 2009, the delay is inordinate and unfair. This is particularly so as the outcome of that evaluation could have a very material effect on his pension entitlements.

 Based on the current rate of progression of the independent  job evaluation process that is separate to the Labour Court recommendation; it is estimated that the worker’s evaluation would be completed in 2 years times. This in turn would deprive him of the probable upgrade and the consequential positive pension uplift.

The employer states that the matter is a collective issue and would have very significant collective implication for the service. To make a recommendation could undermine the validity of the current collectively agreed national job evaluation scheme.

The delay is unfair and inordinate and an exception arises in this case due to the imminent retirement of the worker

The matter has very significant knock on implications and would undermine in a fundamental way a collective agreement relating to the progression of job evaluations. It would also create a very significant cost increasing precedent.

Section 13 of the Industrial Act 1969 states:

2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act,

And section 40 (9) of the Workplace Relations A

(9) A reference in any enactment to a rights commissioner shall be construed as including a reference to an adjudication officer.

I have concluded that this is a trade dispute connected with rates of pay of a body of workers and therefore  I have no jurisdiction to make a recommendation on this matter.

A recommendation concerning fast tracking would directly impact or is apprehended that it could impact  on a group of workers and their rates of pay as referenced in Labour Court Recommendation 19610. It would also significantly impact on the collective agreements concerning fast tracking and again I apprehend it would or could have an impact on a very large body of workers and their rates of pay.

For these reasons I decline to make a recommendation as the dispute is not properly before me as I have determined that the matter is connected with a body of workers connected with rates of pay or is apprehended and involves workers within the meaning of Part VI of the Principal Act.

I decline to make a recommendation as the dispute is not properly before me as I have determined that the matter is connected with a body of workers connected with rates of pay or is apprehended and involves workers within the meaning of Part VI of the Principal Act.

Group of Workers-No Jurisdiction