Complainant

Respondent

Anonymised Parties

An Employee

An Employer

Representatives

Ger Mooney Connect Trade Union

Keith Irvine Local Government Management Agency (LGMA)

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 13 Industrial Relations Act, 1969

CA- 00048961-001

17/02/2022

The Complainant’s duties and job description have been outlined in a document for his benefit. He takes issues with certain aspects under each of the headings. They are as follows:

Duties

1. All weekly inspections are completed and reported on whilst on site. This ensures associate GPS coordinates relates to the site being reported on. On -going monitoring maintenance and repairs should help to minimise individual inspection times. Duties to be carried out in normal working hours.
2. Carry out all testing of equipment as required.
3. Keep records of all inspections and reports.
4. Ensuring that playground and surrounding site is kept free from incidental litter/rubbish and is left in a safe state.
5. Any play facilities identified as requiring ‘urgent’ attention is reported as such through Geopal and made safe prior to leaving the play facility. No play facility should ever be left in a dangerous condition. If equipment is not safe, access by the public should be prevented by leaving the play facility, either by way of immobilisation/cordoning off of the play piece. No play facility should ever be left in a dangerous condition. If equipment is not safe access by the public should be prevented, fence it, remove it, or close it.
6. XXX vehicles and equipment are only used in connection with the performance of official duties. The XXX vehicle provided should be used at all times for the purpose of carrying out official duties and should be completed with XXX livery.
7. To undergo such relevant training as may be decided by the local authority from time to time e.g. Certification by the Register of Play Inspectors international [RPI] or similar certifying body, Safe Pass, Code of Ethics in child protection or similar courses etc
8. Any other duties of an appropriate nature as assigned by chief executive or delegated officer.

The Complainant’s view on each of the duties are as follows:

1. The Complainant took issue with having to carry out all of his duties within his normal working hours. Originally there were 42 play areas to be inspected but that has increased to 65 and there is a possibility that it will keep increasing over the years. The Complainant argued that it is extremely difficult to carry out all of the duties particularly within normal working hours and when there are issues to be dealt with at each site. The Complainant requested that a clause “save for pre-approved overtime with his manager” be added to this section.
2. The Complainant took issue with the word “testing”. He stated that he does not have the engineering expertise required to carry out testing on any of the equipment and even if he did, that goes beyond his previous contractual duties. He requested that the word “inspection” would replace the word “testing”.
3. The Complainant stated that he has never kept a record of his inspection reports because they are uploaded onto the Respondents system and are sent to the Respondent through that system. He requested that the word “keep” be amended to “submit”.

6.   The Complainant took issue with his job title being displayed on the Respondents van. he requested that simply The Respondent’s name be put on the van without a department or job title.

8.   The complainant took issue with the wording “appropriate nature” as assigned by the Chief Executive or delegated officer in clause 8. He argued that his responsibilities and duties are set out in his contract, and they should not be deviated from.

Job Description:

1. The Technical Supervisor for playgrounds/ surrounding site will report and operate under the direction of the Executive Engineer of the Risk Management Department and any other relevant staff assigned to the area of playground management
2. The Technical Supervisor for playgrounds/ surrounding site will be responsible for the weekly inspection of all XXX playgrounds together with its boundaries which may adjoin open spaces public parks other play areas and any other facilities as deemed necessary for inspection and maintenance.
3. As of October 2024 there are 61 individual relevant sites which must be inspected on a weekly basis to comply with the terms and conditions of the associated insurance cover for same.
4. Parents/ guardian and children take playground safety for granted and it is XXX's responsibility to ensure playgrounds are safe at all times. XXX has a legal responsibility and a duty of care to all users of its playground facilities and the weekly playground inspections are a fundamental tool in meeting these responsibilities.
5. Inspections of playground areas across the County should be carried out in a systematic and logical chronological and geographical order where possible, to ensure the efficient use of time and resource is and allow for regular standard periodic inspections of each individual site.
6. The inspection rota specified in appendix A should be followed where possible. The XXX weekly time sheet submitted must detail the number of play facilities inspected each day and must correspond with the Geopal playground inspection reports submitted for corresponding time period worked.

The Complainant’s  view on each of Job Descriptions was as follows:

 1.    The inspection sites have gone from 42 to 65 and there is a possibility they will continue to increase in number in the future. The respondent has removed the managerial aspect from the Complainant's role. The Complainant states that asking him to inspect 65 sites in one week is a very big ask. Prior to this, he was able to manage the sites himself and decide in what order they needed to be done. That is all gone now. He needs more management control so that if required he can assign more staff should it be needed.

2.     The Complainant also takes issue with the words “ Public Parks” and “ adjoining spaces”. They are too vague and potential add an enormous amount of work both geographically and physical. That will have a knock-on effect on the time he has to complete all of his tasks

      3.    The Complainant takes issue with the word “must” wherein it states that he must inspected all 61 of the sites within a working week. He has requested that some flexibility to afforded to him in that regard. This section should be linked with no. 5 also.  The two employees who are doing the inspections at the moment are able to carry out the inspection in whatever order works for them. The Complainant would like the same flexibility.

1. The Complainant argues that no. 4 should be removed altogether as it refers to the responsibilities of his employer and not him. It has no place in documents referring to his duties.
2. The Complainant argues that this section should be linked to no. 3 above.
3. The Complainant requested that the words “and must correspond with Geopal playground inspection reports submitted for correspondence time period worked” be removed. The Complainant argues that it is unnecessary when you take all of his other duties and responsibilities into account.

All in all, the Complainant argues that he is entitled to compensation due to the extra work load. He feels that his paygrade should be moved up to the building inspector grade. That amounts to a 26% increase in is salary. If that is not possible perhaps a bonus scheme could be agreed.  Having to inspect 61 sites per week is him at absolute maximum capacity. Anything over and above that isn’t possible.

Duties

1. All weekly inspections are completed and reported on whilst on site. This ensures associate GPS coordinates relates to the site being reported on. On -going monitoring maintenance and repairs should help to minimise individual inspection times. Duties to be carried out in normal working hours.
2. Carry out all testing of equipment as required.
3. Keep records of all inspections and reports.
4. Ensuring that playground and surrounding site is kept free from incidental litter/rubbish and is left in a safe state.
5. Any play facilities identified as requiring ‘urgent’ attention is reported as such through Geo pal and made safe prior to leaving the play facility. No play facility should ever be left in a dangerous condition. If equipment is not safe, access by the public should be prevented by leaving the play facility, either by way of immobilisation/cordoning off of the play piece. No play facility should ever be left in a dangerous condition. If equipment is not safe access by the public should be prevented, fence it, remove it, or close it.
6. XXX vehicles and equipment are only used in connection with the performance of official duties. The XXX vehicle provided should be used at all times for the purpose of carrying out official duties and should be completed with XXX livery.
7. To undergo such relevant training as may be decided by the local authority from time to time e.g. Certification by the Register of Play Inspectors international [RPI] or similar certifying body, Safe Pass, Code of Ethics in child protection or similar courses etc
8. Any other duties of an appropriate nature as assigned by Chief Executive or delegated officer.

The Respondent’s view on the Complainant’s issues in relation to “duties” is a follows:

1.        This role is being carried out by two other employees on a part time basis as they have their other roles to perform too. There is no difficulty with them getting everything one within the time frame allotted The Respondent needs to retain the power to appoint a manager. They also need the sites inspected in a particular order so that if there is an issue reported they can inform the individual on what day the issue is likely to be resolved.

2.        The Respondent states that it is willing to replace the word “inspection” for the word       “testing”

3.        The Respondent stated that it is will to replace the word “ Keep “ with the word “ Submit”

6.        The Respondent argued that they are perfectly entitled to put what ever they want to on their vans so that the public are aware of the purpose of the van. Even though the Complainant’s role is funded by the finance Department that would be misleading for members of the public if they put that on the van as it in no way relates to what the Complainant’s role is.

8.        The Respondent argues that the phrase “ appropriate nature” is standard is every contract. Any duties he would be asked to performance will be directly related to his role.

Job Descriptions:

1.       The technical supervisor for playgrounds/ surrounding site will report and operate under the direction of the executive engineer of the risk management department and any other relevant staff assigned to the area of playground management.

2.       The technical supervisor for playgrounds surrounding site will be responsible for the weekly inspection of all Wexford County Council playgrounds together with its boundaries which may adjoin open spaces public parks other play areas and any other facilities as deemed necessary for inspection and maintenance.

3.       As of October 2024 there are 61 individual relevant sites which must be inspected on a weekly basis to comply with the terms and conditions of the associated insurance cover for same.

4.       Parents/ guardian and children take playground safety for granted and it is XXX's responsibility to ensure playgrounds are safe at all times .XXXX has a legal responsibility and a duty of care to all users of its playground facilities and the weekly playground inspections are a fundamental tool in meeting these responsibilities.

5.       Inspections of playground area areas across the County should be carried out in a systematic and logical chronological and geographical order where possible, to ensure the efficient use of time and resource is and allow for regular standard periodic inspections of each individual site.

6.       The inspection rota specified in appendix a should be followed where possible the XXX weekly time sheet submitted must detail the number of play facilities inspected each day and must correspond with the Geopal playground inspection reports submitted for corresponding time period worked.

The Respondent’s view on the Complainant’s issues with his Job Descriptions are as follows:

2.  The Respondent agreed to remove the words “public parks“ and adjoining spaces on the   understanding site” could be inserted that the terms are vague and may lead to so ambiguity. The Respondent was satisfied with the suggestion that the words  “ boundary of the instead.

         3. From an insurance perspective it is mandatory that all sites be inspected weekly therefore the Respondent’s hands are tied.  It is agreed that the Complainant is very close to, if not at maximum capacity already.  The Respondent needs to know exactly what days each site will be inspected. That way when an issue is reported they can inform the individual on when the issue will be resolved. Flexibility will be facilitated with the approval of the Complainant’s manager.

         4. It is agreed that this clause can be removed altogether.

         5. It is agreed that this clause can be linked with no. 3 above.

         6. It is agreed that the wording “ and must correspond with Geopal playground inspection             reports submitted for corresponding time period worked” be removed.

Having discussed the issues in details with the parties on the day of the hearing and in line with their views on the issues as set out above I am making the following recommendations:

The Complainant’s duties should read as follows:

DUTIES:

1. The words “save for preapproved Overtime with his Manager” should be inserted so that it reads “All weekly inspections are completed and reported on whilst on site. This ensures associate GPS coordinates relates to the site being reported on. On going monitoring maintenance and repairs should help to minimise individual inspection times. Duties to be carried out in normal working hours, save for preapproved Overtime with his manager”.
2. The word “testing” should be replaced with the word “inspection” so that it reads “Carry out all inspections and reports”.
3. The word “keep” should be replaced by the word “submit” so that it reads “ Submit records of all inspections and reports”
4. To remain the same
5. To remain the same.
6. The word “livery” should be replaced with the word “logo”. So that that sentence reads “ The XXX vehicles provided should be used at all times for the purposes of carrying out official duties and shall be complete with xxx logo”. The title of the Complainant’s role should not appear on the vehicle either instead a generic description could be displayed.
7. To remain the same.
8. Some clarity as to what “appropriate nature” means should be given to the Complainant in writing by the Chief Executive. 

Job Description:

1.    The words “ public parks” “ adjoining spaces” are to be removed and replaced with the words “ boundary of the site” so that it reads  “The technical supervisor for playgrounds surrounding site will be responsible for the weekly inspection of all XXX playgrounds, play area and the boundary of those sites and any other facilities as deemed necessary for inspection and maintenance”

2.         The wording “flexibility will be facilitated with the approval of his Manager” shall be inserted so that it reads “As of October 2024 there are 61 individual relevant sites which must be inspected on a weekly basis to comply with the terms and conditions of the associated insurance cover for same however the Complainant will be afforded flexibility with the approval of his Manager”

3.         This clause is to be removed altogether.

4.         This clause should be linked and read in conjunction with number 3 above.

5.         The words “ and must correspond with Geopal playground inspection reports submitted for corresponding time period worked” should be removed altogether so that it read “ The inspection rota specified in Appendix A should be followed were possible. The XXX weekly timesheet submitted must detail the number of pay facilities inspected each day.”

The Complainant’s request for compensation and/or a bonus scheme or that he his grading be changed to that of  building inspector  is refused. I accept the Respondent’s submission that any upgrading has to be done via public sector agreement. It is not within their power to regrade the Complainant’s role or to develop a bonus scheme just for him. The knock on effect of that nationally would be catastrophic.

             The maximum number of sites the Complainant is to be responsible for is to be capped at 61.   Any additional sites that come on stream are to be looked after by an alternative individual.

I am making the following recommendations:

The Complainant’s duties should read as follows:

DUTIES:

1.     The words “save for preapproved Overtime with his Manager” should be inserted so that it reads “All weekly inspections are completed and reported on whilst on site. This ensures associate GPS coordinates relates to the site being reported on. On going monitoring maintenance and repairs should help to minimise individual inspection times. Duties to be carried out in normal working hours, save for preapproved Overtime with his manager”.

2.      The word “testing” should be replaced with the word “inspection” so that it reads “Carry out all inspections and reports”.

3.     The word “keep” should be replaced by the word “submit” so that it reads “ Submit records of all inspections and reports”

4       To remain the same

5.       To remain the same.

6.     The word “livery” should be replaced with the word “logo”. So that that sentence reads “ The XXX vehicles provided should be used at all times for the purposes of carrying out official duties and shall be complete with xxx logo”. The title of the Complainant’s role should not appear on the vehicle either instead a generic description could be displayed.

7.      To remain the same.

8.     Some clarity as to what “appropriate nature” means should be given to the Complainant in writing by the Chief Executive. 

Job Description:

1.        The words “ public parks” “ adjoining spaces” are to be removed and replaced with the words “ boundary of the site” so that it reads  “The technical supervisor for playgrounds surrounding site will be responsible for the weekly inspection of all XXX playgrounds, play area and the boundary of those sites and any other facilities as deemed necessary for inspection and maintenance”

2.        The wording “flexibility will be facilitated with the approval of his Manager” shall be inserted so that it reads “As of October 2024 there are 61 individual relevant sites which must be inspected on a weekly basis to comply with the terms and conditions of the associated insurance cover for same however the Complainant will be afforded flexibility with the approval of his Manager”

3.           This clause is to be removed altogether.

4.           This clause should be linked and read in conjunction with number 3 above.

5.        The words “ and must correspond with Geopal playground inspection reports submitted for corresponding time period worked” should be removed altogether so that it read “ The inspection rota specified in Appendix A should be followed were possible. The XXX weekly timesheet submitted must detail the number of pay facilities inspected each day.”

The Complainant’s request for compensation and/or a bonus scheme or that he his grading be changed to that of  building inspector  is refused.

The maximum number of sites the Complainant is to be responsible for is to be capped at 61.   Any additional sites that come on stream are to be looked after by an alternative individual.