ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002617
Parties:
| Worker | Employer |
Anonymised Parties | A Multimedia Journalist | A Broadcaster |
Representatives | Frank Drumm BL | Barry Walsh Fieldfisher LLP |
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 - 00002617 | 13/05/2024 |
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Date of Hearing: 08/08/2024
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 is employed as a Multimedia Journalist (MMJ) and is paid €84,630 per year. He is claiming that: 1. He is entitled to additional compensation for a project on which he was engaged because of the significant contribution that he made to it and promises that were made to him by the Employer. 2. He should be re-classified at a higher grade than the grade he is appointed to given the newscasting work that he does. |
Summary of Workers Case:
1. The Worker stated that he is entitled to additional compensation for a project which commenced in 2010 in respect of which he was engaged in significant work and which benefitted the Employer hugely. He stated that promises had been made to him verbally by the Director of News in 2009, prior to him starting on the project, that he would be appropriately rewarded for the work he would be expected to do. 2. The Worker stated that even though he is currently paid at the MMJ grade, he also does newscasting which does not fall within the responsibilities of his existing grade. He stated that he should therefore be paid at a higher grade, namely either the Newscaster grade or Assistant Editor grade. |
Summary of Employer’s Case:
1. While the Employer acknowledged the Worker's good work on the project, it was pointed out both that this was a team effort and not just the work product of the Worker and that other employees also made significant contributions to the project. It was also asserted that the Worker was, and continues to be, compensated through the Special Responsibility Allowance and the Additional Responsibility Allowance being made pensionable in respect of the work he did on the project. This is a very valuable benefit in terms of the enhanced impact on future pension entitlements - valued at €100,000. The Worker's assertion of alleged verbal references made by or an understanding with the Director of News in September 2009 was not accepted by the Employer and it was highlighted that it was not documented or vouched by the Worker. 2. It was also asserted that the Worker is an MMJ and is paid at that grade. In addition, he is paid the Additional Responsibility Allowance for duties as Acting Chief Sub Editor since 2007. The role of MMJ requires the reading of radio bulletins. There are other employees in that role/grade who solely or regularly read radio bulletins on a rostered basis. This is an accepted part of the role of Multimedia Journalist, is more usual than not and does not entitle the Worker to be appointed to the Newscaster or indeed any other grade. The Newscaster grade and duties associated with that grade are entirely different to the MMJ grade, requiring quite different skills and challenges. |
Conclusions:
It is clear that the Worker in the instant dispute has an extraordinary sense of entitlement and a huge sense of self-importance both in respect of the work he did on the project and the work he does as a MMJ. This was highlighted by his repeated references to the names of people he worked with in the Employer, apparently employed in very senior roles, without referring to their job titles. This was despite my repeated requests for him to refer to these individuals by their job titles rather than by their names, as I had no knowledge of who they were, which he apparently found very difficult to believe. He claims in the first instance that the Employer’s decision to make two of his allowances pensionable as compensation for his work on the project—valued at €100,000, a figure he did not challenge—was insufficient. I do not accept his assertion however and find that the decision to make his allowances pensionable at an undisputed cost of €100,000 means that he has been more than adequately compensated for his work on the project. I cannot therefore make a recommendation in his favour in respect of this aspect of the dispute. He is also seeking a grade upgrade for the newscasting duties he performs, which other MMJ colleagues at the same grade willingly undertake, despite already being well compensated at his current grade. Granting such an upgrade would have broader implications beyond this individual case, as there are other workers who also perform newscasting duties without receiving compensation at the Newscaster grade. Consequently, I am also unable to make a recommendation in his favour regarding this aspect of the dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Considering all of the foregoing, I recommend both that the Worker carefully reflects on my analysis above and recognises as well as accepts both that he has been compensated more than appropriately in respect of the project on which he was engaged and that he is employed at the appropriate grade, in respect of which he is also well compensated.
Dated: 21-01-25
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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