ADJ-00031126

Complainant

Respondent

Anonymised Parties

A Clerical Assistant

A Public Services Organisation

The within complaint was submitted to the Workplace Relations Commission on 8th December 2020.

BACKGROUND TO THE CASE. 

In May 2016, the employee was requested by her Line Manager at that time, to take over the processing of all Freedom of Information (FOI) requests, for the Galway Area. An additional workload of all FOI requests for the Roscommon Area was assigned to her in August 2018.   Prior to this, the person assigned to this role in Roscommon was at Grade VII level at that time.

The Job Evaluation Scheme opened in February 2020. The employee submitted a Job Evaluation Application on 17th June 2020 to her Line Manager which was subsequently signed and approved by her and the Area Manager of Galway/Roscommon Area. The Job Evaluation Scheme was suspended on 8th October 2020. 

At present there is no Job Evaluation scheme for employees and this is in contravention of the terms and conditions under which the employee transferred from the Health Services Executive (HSE) to the Respondent organisation on 1st January 2014. The Job Evaluation Scheme was not suspended for HSE employees. As I am considering retiring, I need to get this application dealt with under whatever mechanism can address my case. 

The FOI role involves the following duties and responsibilities. 

•      Management of the co-ordination of Freedom of Information (FOI) and Subject Area Requests (SAR) for Galway/ Roscommon.

•      Responsibility for the gathering, compiling and processing of all FOI requests and for gathering and compiling of Subject Access Requests (SAR) for Galway/Roscommon area.

•      The designated point of contact for the Data Protection Unit (DPU) in relation to investigations or queries relating to the Data Protection Commission (DPC) and office of the Information Commissioner (OIC) matters.

•      Ensure that all FOI and Data Protection functions are discharged to meet the timeframes as set out in the legislation and issue accurate and timely responses.

•      Ensure appropriate systems are in place to track and respond to all correspondence received - via post, email, or phone. Ensure a log is maintained for tracking purposes.

•       Responsibility for the recording of FOI (monthly, quarterly and annually) to the Area Manager's department and Corporate office.

•      Planning and provision of FOI and SAR advice and guidance to all Social Work and Family Support staff. This role is currently suspended due to Covid 19. 

Level of decision making associated with the post.

•       Responsibility when deciding what records can be released to a Freedom of Information requester. These records are some of the most sensitive records held by a public body and once released to a requester, they can do as they wish with them hence the need to be confident in decision making and adherence to the boundaries of the Freedom of Information Act 2014.

•       Decisions in relation to whether disclosure of the information in Social Work and Family Support Records might be prejudicial to the requester's physical, mental health, wellbeing or emotional condition, are made under Sections 37(3) & 37(9) of the FOI Act 2014.

•       Decisions on the validity of an applicant's identity.

•       Decisions in relation to invoking Section 14(1)(a) of the FOI Act 2014 are made. This relates to an FOI request that is deemed too voluminous and whereby the requester is contacted with a view to narrowing the scope of the request or alternatively agreeing to extend the timeframe. If the requester does not agree to reduce the scope, the decision is made to refuse the request under Section lS(l)(a) of the FOI Act 2014. 

Essential skills required. 

•       A comprehensive knowledge of the Freedom of Information Act 2014 and the Data Protection Act 2018.

•       Ability to deal with practical data protection issues and prevent data breaches.

•       Confidentiality.

•       Decision making skills.

•       Leadership.

•       Time Management.

•       Attention to detail.

•       Effective verbal communication skills delivering complex information clearly, concisely and . confidently.

•       Excellent communication and interpersonal skills in order to deal effectively with colleagues and service users.

•       Excellent communication and interpersonal skills when dealing with clients, legal representatives etc.

•       Ability to work independently and on own initiative. 

The employee feels she is placed at a disadvantage of both my grade and remuneration as laid down in Employment Equality Acts 1998 - 2011. She is undertaking the identical same duties as her counterparts and being treated less favorably by virtue of her grade. 

Furthermore, there are potential loss of earnings as follows: -

•        Payscale for the Grade,

•        Incremental credit

•        Superannuation payments.

Conclusion.

The employee is requesting that she is compensated at the appropriate Grade and Rate for the job that she is undertaking. She is also hoping that consideration is given to the onerous and responsible work that Freedom of Information commands. All FOI files are fully processed for release to the applicant when they leave her office, and all that remains is the signature of the Area Manager. The employee has the full confidence of the Area Manager in her work when it arrives for his signature. There has never been an issue regarding this high standard which the employee has continuously attained for all such requests. 

Background to the Claim: 

1.                   A Job evaluation scheme for Administration staff was opened in February 2020 but was quickly shut down again awaiting the appropriate permissions from the DCYA. 

2.                   The matter quickly became the subject of a dispute between the Respondent and FORSA at a national level as it affects all administration workers within the Respondent organisation. FORSA represent all Administration grades within the Respondent organisation. 

3.                   The dispute was referred to the WRC and the case was heard by the Labour Court in September last. A recommendation CD/21/43 was issued on 23rd September 2021 which saw the matter being referred to the dispute resolution mechanisms in the recent Public Service Pay agreement, Building Momentum. 

4.                   The dispute remained unresolved following engagement under the Building Momentum agreement mechanisms. 

5.                   It remains unresolved at this time and a conciliation conference between FORSA & the Respondent has been arranged to take place at 10:30 on Wednesday, 12th January 2022 to seek to resolve the matter for all administration grades within the Respondent organisation. 

6.                   It is expected that at some stage in the future a collective agreement will be reached on the matter which will encompass all administration staff including the Complainant. 

Conclusion: 

7.                   While it is accepted that the Complainant is within her rights to refer this or indeed any matter to the WRC to have it examined, it should also be noted that an identical claim is being progressed by FORSA on behalf of hundreds of Administration staff including the Complainant. 

8.                   It is not possible to issue a recommendation on a single case which will in effect determine the fate of hundreds of others while both are progressing at the same time. 

9.                   The Respondent is seeking to have the recommendation/agreement on the national case applied to this particular case in full when it is in order to do so. 

10.               We respectively request that the Chairperson upholds our position in this matter.

Whilst I accept that the employee has a genuine grievance it would be unwise to issue a single recommendation on this matter.

The employee should await the outcome of the conciliation conference and a new collective agreement on the matter.

As outlined above.