ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00036941
Parties:
| Worker | Employer |
Anonymised Parties | Clerical Staff | Health Service |
Representatives | Ms. Michelle Connaughton, Forsa Trade Union | Self-Represented |
Complaint:
Act | Dispute Reference No. | Date of Receipt |
Dispute seeking Adjudication under the Industrial Relations Acts | CA-00048211 | 20/01/2022 |
Date of Adjudication Hearing: 29/11/2022
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following 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 evidence relevant to the dispute.
Background:
The Worker is a long-standing employee of the Respondent. On 20th January 2022, she referred a dispute within the meaning of the Industrial Relations Acts to the Commission. Herein, she alleged that the Respondent had incorrectly classified her employment for a period of years and, consequently, she received a lower rate of pay for a significant period of time. By response, the Employer conceded that the Worker was placed on the incorrect salary scale. Whilst they disputed the amount owed to the Worker, an agreement was reached in the course of the hearing as to the amount to the paid in order to finalise the matter. By correspondence thereafter, the Employer sought a recommendation in relation to the same. |
Summary of the Worker’s Case:
The Worker submitted that she was placed on the incorrect salary scale and had consequently accrued a significant sum of unpaid wages. While some of these wages had been repaid, the Worker submitted that the Employer’s calculations in this regard were incorrect and a further amount remained to the discharged. Following discussion in relation to this matter, the Worker reached an agreement with the Employer in respect of the outstanding payment. |
Summary of the Employer’s Case:
The Employer accepted that the Worker was, for a time, placed on an incorrect salary scale. While the Employer initially disputed the amount owing to the Worker, they accepted that an underpayment had occurred. Following discussion in relation to this matter, the Employer reached an agreement with the Worker in respect of the outstanding payment. |
Findings and Conclusions:
The parties to this dispute reached an agreement in respect of the outstanding wages owed to the Worker. In this respect I recommend that the parties honour this agreement to finalise the matter. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that Employer pays the Worker the sum of €3,000 to finalise this matter. |
Dated: 14th February 2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Settlement, Recommendation |