Worker

Employer

Anonymised Parties

Worker

Employer

Representatives

Act

Dispute Reference No.

Date of Receipt

Section 13 of the Industrial Relations Act 1969

CA-00068130

23/07/2023

The complainant was employed on a Community Employment Scheme. This complaint was received by the Workplace Relations Commission on 31st July 2023.

In complaints heard under s.13 of the Industrial Relations Act, 1969, the Complainant is referred to as the worker and the Respondent is referred to as the employer.

The worker claims that she has been unfairly treated and was promised an extra year. When her contract was extended it was for a period of three months and not the one year that she was expecting.

The original Administration position was a C.E position in the Redacted Club. This position was filled by the worker in December 2019.

The Tus participant transferred to Redacted Combined Clubs CE Project on the 02/03/2020 she agreed to continue to clean the Redacted building temporarily while the Tus Supervisor was trying to fill the position.

Then the country went into lockdown due to Covid 19 Pandemic on the 13/03/2020 causing serious disruption to all projects.  Subsequently compromising the worker’s position as an administrator.  As there were no administration duties to carry out the worker kindly offered to assist with the cleaning duties in the Redacted Club. The worker continued cleaning the Redacted building. As the cleaner on sick leave subsequently did not return.

The worker was originally in an Administration position. Unfortunately, the administration position became obsolete due to lack of paperwork due to Covid. The worker asked when the administration position would be back. The CE Supervisors and the Redacted Chairperson had a meeting with the worker on the 05/09/2022 explaining to Redacted that there is no administration position. The worker was offered the coffee shop/ administration position. The worker said she was not interested in that position at that time.

The CE Supervisor advised the worker that there was a vacant administration position in the Community Centre office next door if she was interested in that. The CE Supervisor offered to arrange a trial in the Community Centre administration position, The worker was agreeable to this. The CE Supervisor met with the Community Centre Manager to arrange a trial period for the worker. On the 16/09/2022 the worker asked could she put the trial on hold. Subsequently the worker advised her preference would be to continue in the cleaning position in the Redacted Club.

At this stage the worker had completed nearly 3 years on CE.

The CE Project employer applied to the Department for an extension of the worker’s time on 3rd November 2022 and this was granted for 3 months phased exiting.

The worker was then provided with a three-month contract from 28th November 2022 to 10th March 2023.

On Monday the 28/11/2022 CE Assistant Supervisor gave the worker her contract.  The worker asked could she take it home to peruse, this was accepted by the CE Assistant Supervisor. On Wednesday 30/11/2022 the worker had not returned her signed contract. The CE Assistant Supervisor offered to print the contract off and go through it with the Worker. CE Assistant Supervisor explained every section and went through the contract thoroughly to make sure the worker understood. The worker signed and CE Assistant Supervisor amended the date of signature to the 30/11/2022.

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

The Department of Social Protection issued an explanatory booklet (last updated on 4th January 2024) outlining the rules and workings of the Community Employment Programme. The following text is taken from that booklet:

The Community Employment (CE) programme is designed to help people who are long-term unemployed (or otherwise disadvantaged) to get back to work by offering part-time and temporary placements in jobs based within local communities.

Participants can take up other part-time work during their CE placement.

The work is community based…………

In general, all placements are for one year only, but if a CE participant is undertaking training to achieve a major award, the participant’s time can be extended by up to two years to allow him or her to complete the training which will enhance his or her overall employment prospects. Eligible people over 55 years of age can remain on CE for three years without having to meet the requirement that they are training for a major award.

In the instant complaint before the Workplace Relations Commission the worker (complainant) is over 55 years of age.

The worker was issued with her first contract on 02/12/2019, this contract ran from 02/12/2019 until 27/11/2020.

The second contract ran from 30/11/2020 to 26/11/21.

The third contract ran from 29/11/2021 to 25/11/2022.

The extension ran from 28/11/2022 to 10/03/2023.

Having considered the matter, I am unable to recommend in favour of the worker. The employer has followed the rules of the CE Programme and has taken time to explain the contracts to the worker.