ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001974
Parties:
| Worker | Employer |
Anonymised Parties | A Industrial Grade Worker | A Government Department |
Representatives | Con Casey SIPTU | Orla Murphy BL instructed by CSSO |
Dispute:
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 - 00001974 | 10/11/2023 |
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Date of Hearing: 16/05/2024
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following 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 information relevant to the dispute.
Background:
The Worker seeks to regularising 'acting-up' arrangements. |
Summary of Workers Case:
The Worker outlining his duties and submitted in 2023 he reached the 84 consecutive days required to qualify for the acting up allowance. |
Summary of Employer’s Case:
It was the Employer referring to the September 2018 letter entitled, State Industrial Employees – Acting Up Allowance – 84-day rule. It was submitted the Worker’s application has not been agreed to be approved by the Head of HR. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
It is recommended that the Worker makes a fresh application for the acting up allowance through the NPSSHR system via his line manager and the divisional manager. It is to be reviewed by the Employer in accordance with the 84 Day rule as set out in the referred to letter of 11 September 2018 and a written response given to the Worker. A copy of the application to be copied to the Department’s HR representative. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
It is recommended that the Worker makes a fresh application for the acting up allowance through the NPSSHR system via his line manager and the divisional manager. It is to be reviewed by the Employer in accordance with the 84 Day rule as set out in the referred to letter of 11 September 2018 and a written response given to the Worker. A copy of the application to be copied to the Department’s HR representative.
Dated: 17th May 2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
IR – Acting Up |