Worker

Employer

Anonymised Parties

{A Worker}

{A Public Body}

Representatives

Paul Moyer Fórsa Trade Union

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 - 00001386

12/05/2023

The Worker is employed since 2001.

The Worker is employed as a Store person which is a State Industrial Employee since 1995.

He has been carrying out the duties of a Higher Civil Servant grade Clerical Officer. The Employer has failed to give any increased salary for the work carried out. It had agreed a higher duty allowance was applicable but withdrew this as they say a State Industrial Employee cannot act up into the duties of a Civil Servant. The Worker is still unpaid for the duties carried out.

The Worker is seeking the payment of a Higher Duty Allowance from 2nd September 2011 to the 17th March 2023 when he ceased the duties. The Employer have offered a payment of 6 months HDA and based it on a State Industrial Grade of Storekeeper in Charge based on 1st March 2023 pay scales.

The Worker had been provided with a .ie email address to allow him carry out the duties of a Clerical Officer.

The Employer responded that State Industrial employees are not eligible for a competition for acting up to a civil service grade. However, there is no competition as the Worker was asked by his line manager to carry out this work. The Respondent made an initial offer of arrears of 6 months for a Storekeeper in Charge not Clerical Officer grade. The total amount of arrears owed to the Worker amounts to a total of €20,720.37.

We ask that the Adjudicator decide the quantum owed to the Worker as recognition for the higher duty work carried out for over eleven years.

There was no appearance by or on behalf of the Respondent at the hearing.

The Worker is seeking the payment of a Higher Duty Allowance from 2nd September 2011 to the 17th March 2023 when he ceased the duties. The Employer says that State Industrial employees are not eligible for a competition for acting up to a civil service grade. They question why a claim is being made now for a twelve year period which is excessive.

The Employer made an offer of a payment of 6 months acting up allowance as Storekeeper Clerk in Charge while the Clerical Officer was on sick-leave in 2019 based on 1st March 2023 pay scales which amounts to 36.77 per week or 960.00 euro for the six month period.

The Workers application for parity of pay is cost increasing and is precluded under the current Public Sector Pay Agreement.

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

The Worker says that he has been carrying out the work of a Higher Civil Servant Grade Clerical Officer from 2 September 2011 until 17th March 2023. The Worker is employed as a State Industrial Employee. The Respondent has confirmed that State Industrial Employees cannot act up into a Clerical Officer role.

The Worker was transferred to a new area on 2nd September 2011. He says he took on Clerical Officer duties until 17th March 2023 when he ceased the duties. It is important that where this issue arises, a claim for an allowance is submitted in a timely manner.

It is accepted that the Worker covered his colleague’s duties for a period of six months from 10th December 2018 until 3rd June 2019.

In an effort to resolve the dispute, and in these particular circumstances, I recommend an acting up allowance at point 10 of the Storekeeper Clerk in Charge scale of 36.77 euro a week be conceded to the Worker dating from 10th December 2018 until 17th March 2023.