ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00032308
Parties:
| Worker | Employer |
Anonymised Parties | Employee | Employer |
Representatives | Andrea Cleere SIPTU | Muireann McEnery IBEC |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 |
| 03/03/2021 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 02/03/2022
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)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 information relevant to the dispute.
Background:
The employee was employed during three relevant periods with the employer February 2007 to September 2010, October 2010 to August 2013 (as an Agency Worker), and from August 2013 to date with the employer. |
Summary of Workers Case:
The employee was employed during three relevant periods with the employer February 2007 to September 2010, October 2010 to August 2013 (as an Agency Worker), and from August 2013 to date with the employer. She is seeking to have her service as an agency worker considered. Such service was regularised by the employer as contributing to cumulative service with effect from July 2017. However, no retrospective effect was allowed under the circular. The employee is seeking a recommendation regarding such retrospective effect as she considers it unfair. |
Summary of Employer’s Case:
The employee was made redundant in October 2010. The employer submitted that as part of a reconsideration of cumulative service, the employee was given an uplift on the salary scale and was raised five points. Her previous service, prior to redundancy was taken into account. The employer pointed out that the circular specifically excludes retrospective effect for Agency service prior to the introduction of the circular. It noted that the following was contained in the circular: I can confirm that agreement has been reached which allows for all previous relevant service including the period spent as an intern will be recognised with effect from 1st July 2017. It is also agreed that there will be no retrospective application of this Circular prior to 1st July 2017. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I note that the employee left the employer in 2010 on a redundancy package. She took up work with an agency. In 2017 it was agreed that going forward such agency experience would be counted but that it would not be considered retrospectively “I can confirm that agreement has been reached which allows for all previous relevant service including the period spent as an intern will be recognised with effect from 1st July 2017. It is also agreed that there will be no retrospective application of this Circular prior to 1st July 2017.” This agreement was arrived at following negotiations between the employer and the Union, and I can find no reason to vary such an agreement. Additionally, were I to vary such an agreement, it may apply to the pay of additional staff members of the employer and I am precluded from taking this course of action. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
My recommendation is that the circular of 2017 agreed by the union and the employer is adhered to. |
Dated: 2nd June 2022
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR – agreement in place - no retrospective effect |