Worker

Employer

Anonymised Parties

A worker

A postal company

Representatives

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-45594-001

09/08/2021

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The worker submitted that he wanted to undertake acting up duties but that these were limited to four specified positions, three one step above his current role and to the fourth was two steps above his current role. The worker stated that he was excluded from applying for temporary acting up duties.

The worker submitted that the employer has a process in place to fill acting roles but that this process was not followed in relation to his local area due to a local arrangement with his union. He stated that if the company has a policy covering the country it should be followed in relation to all locations.

The worker also submitted that he had a difficulty with how some of the posts were being filled and accordingly did not apply for promotion.

The employer submitted that arrangements are in place to carry out duties on an acting up basis. These duties do not incur additional payments and are short term coverage for when somebody is absent on leave, etc. It was submitted that the agreement covering these temporary arrangements was concluded with the deputy general secretary of the claimant’s union and as such was conducted centrally and was not based on a local arrangement. The employer suggested that this situation revolved around a union matter and should be pursued with the union rather than taking a complaint to the WRC regarding the employer.

The employer submitted that where a worker had a difficulty in relation to his employment, he should have used the grievance procedures first to address matters. The grievance procedure entails an initial application stage, an appeal stage, and after that has been exhausted it is still open to a worker to go to the WRC to resolve matters.

The employer noted that some of the promotion positions were filled recently by way of advertisement and that the worker never applied for any of the positions.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The employer submitted that where a worker had a difficulty in relation to his employment, he should have first used the grievance procedures. When the procedure has been exhausted it is still open to a worker to go to the WRC to resolve matters. In response the worker stated that he felt he wasn't going to get anywhere by taking a grievance with the employer and that is why he did not go down that route.

The employer also noted that some of the promotion positions were filled recently and that the worker never applied for any of the positions. In response, the worker indicated that he didn't apply as he considered that he would not get the position without the acting experience. He indicated that most recent appointments had gone to people who had acting up their experience in the role they were applying for.

Having considered the position put forward by the worker and the position put forward by the employer, it is apparent that a difficulty has arisen between the worker and his union in relation to the filing of acting up duties and my recommendation is that the worker seek to resolve these matters with his union.

Furthermore, I consider that where a difficulty in the workplace has arisen before taking the dispute to the workplace relations Commission, there is an onus on a worker to exhaust all the internal procedures to remedy matters and in this case, I recommend that the worker should have gone true the grievance procedure prior to taking a case to the WRC.

In relation to the filling of permanent positions, where a worker has not applied for a position, it is impossible to conclude an outcome.  Where a worker has made an application for a post and has been denied, then it is possible to deal with concrete facts rather than supposition.

Industrial Relations – acting up procedures agreed with a union – pursue matter with union – grievance procedure in place – utilise procedure prior to taking a claim