Complainant

Respondent

Anonymised Parties

An Operation Resource Manager

A Health Service Provider

Representatives

 SIPTU

 Management Representatives

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-00031703-001

21/10/19

The dispute refers to the regularisation of the worker to his role in 2013/2014 and his incorrect placement onto the relevant Pay Scale at the time The worker is seeking the retrospective application of the correct rate of pay and any subsequent increases that were due to him since2013.

The matter first came on for hearing on 18th February 2020. On that day an adjournment was sought to allow for local level discussions to conclude in relation to the calculation of arrears due to the worker. The management representative on that day stated that it was accepted that the worker was placed incorrectly on the pay scale, but the matter could be resolved within a short timeframe. The worker confirmed that the dispute would be withdrawn if matters were resolved to his satisfaction and payments made to him.

The matter was not concluded locally, and a reconvened hearing was sought and took place virtually on 6th May 2021. At that hearing, it was confirmed by management that the arrears calculations had been referred to its finance department for clarification and that the figures were correct subject to verification. While the worker had estimated his arrears to be €47, 542.30 management had calculated the figures to be €61,726.00. As clarification of this amount was awaited, the parties agreed to adjourn for four weeks so that calculations could be verified, and payment made to the worker.

As the worker was not paid the arrears and in the absence of any further correspondence from the employer, the Trade Union sought a number of updates from the WRC which were conveyed to the employer. While some update requests from the WRC went unanswered from the employer, a response was received on 9th March 2022, indicating that the employer would revert in due course.

As there was no further response from the employer since March 2022, the Trade Union sought a recommendation on the issue without further delay.

The parties are not in dispute that the worker was paid incorrectly since his regularisation to his role in 2013/2014. At issue is the calculation of the arrears due to him and the payment of same. A number of attempts to have this matter concluded have not resulted in the worker being paid the money owed to him.

It was confirmed at the adjudication hearing on 6th May 2021 that the worker is owed €61,726.00 in arrears of pay and that payment would be made to him on verification of these figures. This has not happened due to a number of changes in Management personnel and despite contact from the employer in March 2022, there has been no resolution of this dispute or further correspondence from the employer since that date.

Having considered the matter, I find that the worker is owed €61,726.00 and that this should be paid to him without any further delay.

I recommend that the worker be paid €61,726.00 in respect of the arrears of pay due to him. I further recommend that the worker be paid an additional €5,000 in compensation for the inordinate delays in processing this issue at local level and bringing the matter to a conclusion.

Regularisation, incorrect rate of pay, arrears of pay