ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00002625

Parties:

	Worker	Employer
Anonymised Parties	Manager	Health Service Provider

Representatives

Barry Crushell Crushell & Co Solicitors/Ms Lara McGovern BL

Eamon Ross

Dispute(s):

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 - 00002625	14/05/2024

Workplace Relations Commission Adjudication Officer: Brian Dalton

Date of Hearing: 26/09/2024

Procedure:

In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).

Background:

The worker was appointed to a specified purpose contract in an acting capacity.

Several matters were referred to the Commission including a Payment of Wages Claim and under the Terms of Employment (Information) Act, 1994. However, these matters have been addressed in this Industrial Relations referral and have been withdrawn by agreement.

Summary of Workers Case:

The worker seeks to have a specified purpose contract in an acting capacity to be made ongoing.

Summary of Employer’s Case:

The position must be advertised, and it is expected that the role will be soon and approval for the position has been sought.

Conclusions:

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

The employer accepts that some confusion about the contract terms has arisen and that communication about ceasing payment was not in line with the practice normally applied.

The service hopes to be able to clarify the future of the role soon.

The worker continues to act in the role and attract the rate for the acting role.

No loss has accrued to date.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

I recommend that the worker continues in what is referred to as the specified purpose role in an acting capacity until January 2025 and to be paid the higher rate referred to as grade 8 until January 31st, 2025.

Prior to and not later than the 31st January 2025 the Employer will inform the Worker if his employment will continue in the grade 8 role or not.

Dated: 30-09-24