Worker

Employer

Anonymised Parties

A Worker

A Government Agency

Representatives

Peter Glynn, SIPTU

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 - 00004066

03/04/2025

The Worker was employed on three fixed-term contracts, initially as a technician grade 1, then as a technologist grade 1, and currently as a technician grade 1.  The technologist grade 1 pay scale provides for higher rates of pay than the technician grade 1 pay scale.  The Worker was placed on the first point of the technician grade 1 pay scale when he commenced employment on the third fixed-term contract.  His claim is to be placed on the point of the pay scale that corresponds with what he claims is his continuous service since 18 November 2019.  The Employer contends that as the Worker was moving from a higher-grade post to a lower grade post, he could only be appointed at the first point of the technician grade 1 pay scale.

The Worker was employed on three successive fixed-term contracts, initially as a technician grade 1, then as a technologist grade 1, and currently as a technician grade 1.  The Worker contends he should be starting on point 6 of the technician grade 1 pay scale given he has over 5 years continuous service with the Employer.  Circular 08/2029 makes no reference to employees who take up a position as a lesser grade that they are currently carrying out.  The hearing was directed to A Workers v. A Health Service Provider (ADJ-00042838).

Public sector rules on pay are set out in Circular 08/2019 which provides that government policy continues to be that starting pay on recruitment from open competition for all posts within the public sector should be at the minimum of the relevant salary scale and should not be subject to negotiation.  Further, the parent department specifically instructed by email in 2018 that no account can be given where someone is working at a higher pay-level or role than the advertised post.  The Worker was appointed to the correct point of the relevant pay-scale on his appointment to his current contract.

In conducting my investigation, I have considered all relevant submissions presented to me by the parties.  I do not recommend concession of the Worker’s claim as this dispute is subject to a statutory complaint under the Protection of Employees (Fixed Term Work) Act, 2003.

I do not recommend concession of the Worker’s claim as this dispute is subject to a statutory complaint under the Protection of Employees (Fixed Term Work) Act, 2003.

Dispute. Pay.