Worker

Employer

Anonymised Parties

A Worker

A Health Service Organisation

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00000477

19/07/2022

The worker submits that he accepted a position that was advertised at a Grade 5 but an identical position within the employer’s organisation was advertised and deemed to be a Grade 6.  

The worker submits that he commenced employment on 8/2/21 earning a gross of €1998.41 fortnightly.  The worker submitted his grievance through the worker’s grievance procedure between March and June 2022 but the employer have not rectified the pay disparity that exists between him and another worker in an identical role within the organisation.  He accepted the job at a Grade 5 but was not aware that a position, identical to his post has been advertised as a Grade 6 within the organisation.

The worker submits that he has been advised that his dispute is a matter for collective bargaining but he submits that the previous holder of the position held the position at a Grade 6.  It was submitted that the employer has failed to advise him of the reason why his role is different than another recently advertised identical post.  The worker submits that at Stage 1 and 2 of the grievance, managers empathised with him but advised that they did not have authority for amend the Grade.  At Stage 3 of the grievance procedure the worker was advised that the grievance procedure “does not cover matters relating to improvements in pay”.  The worker further submitted that there was no evidence to support the different approach used for recruiting for his role and the other role and that it had been acknowledged that there was unfair and unequal treatment.

The worker was advised in advance of employment that the position was a Grade 5 and accepted his employment under those conditions.  The employer did not know the specific details as to why another identical position might have been advertised at a Grade 6. 

The worker’s grievance was processed and the employer submits that this matter is a collective issue and that it is a matter regarding pay and therefore the worker cannot submit it through the grievance procedure under the Industrial Relations Act.

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

The worker submits that he accepted a Grade 5 role whereas the role is deemed a Grade 6 in another part of the same organisation.  The employers submits that it is a claim regarding pay and they are precluded from proceeding with its investigation.

I note that in LCR22496 the Labour Court set out that

“Section 13(2) of the Industrial Relations Act 1969 precludes an Adjudication Officer from investigating a trade dispute that is connected with the rates of pay of body of workers. For the reasons referred to above the Court is satisfied that the subject matter of this dispute comes within that prohibition.”

Having reviewed all the submissions, I regard the instant dispute as a claim regarding rates of pay of a body of workers and therefore, I am precluded from investigating same.

I uphold the objection raised by the employer and find that I have no jurisdiction under the Industrial Relations Act, 1969 to hear the dispute as submitted.

I uphold the objection raised by the employer and find that I have no jurisdiction under the Industrial Relations Act, 1969 to hear the dispute as submitted.

Industrial relations act, pay, collective issue