ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002152
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A State Body |
Representatives | David Field FORSA TRADE UNION | David Beegan |
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 - 00002152 | 22/01/2024 |
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Date of Hearing: 27/03/2024
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 works for the past twenty years with the Employer. |
Summary of Workers Case:
The Worker is employed as a Porter. It was acknowledged that he was performing duties outside his role akin to role of General Assistant. This was accepted by the Employer at a meeting in November 2021. However, the issue was not resolved. A further meeting took place on 28th March 2023, it was agreed the circular should apply upgrading the worker from Band 4 to Band 3 from 1st January 2021, the Worker should be appointed to the top of the scale of general operative from 26th May 2022, and the Worker retains his travel allowance. The Employer then informed the representatives eight months later that due to the staff moratorium, they could not honour the agreement. The Worker has been a loyal and hardworking member of staff and has continued to perform duties well above his present grade. He should be paid the rate of pay for the job he is performing. The Worker says it is not a cost increasing claim as he is seeking parity in relation to the role performed. The Worker seeks appointment to the top of the General Operative scale from 28th Mary 2020, his travel allowance and compensation for delay as four years have now passed. |
Summary of Employer’s Case:
The dispute submitted by the Worker on 21 January 2024 states the Worker is performing duties above the role of Porter, the grade of Porter does not reflect the additional duties and the Worker should be appointed to the role of General Assistant. The agreed mechanism between the Trade Union and the employer such as job evaluation or agreed industrial relations mechanism was not used in approving the role. The awarding of a promotional post could have financial implication for similar grades. The claim is cost increasing and should not be encompassed during the lifetime of the Public Sector Pay agreements. This role does not come within the exception from the pause in growth recruitment. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The Worker is the only Porter in the service and has performed duties outside his job description for some years and seeks recognition of work done. Taking into account the discussions between the parties which acknowledged the work and commitment of the Worker in 2023, I recommend the Worker be immediately appointed to the top of the scale of General Operative from 26th May 2022, and the Worker retains his travel allowance.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend the Worker be immediately appointed to the top of the scale of General Operative from 26th May 2022, and the Worker retains his travel allowance.
Dated: 27th September 2024.
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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