LCR22807

1. Appeal of Adjudication Officer Decision No(S) ADJ-00036764 CA-00048025

BACKGROUND:

2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 8 July 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 21 June 2023 the Adjudication Officer issued the following Recommendation:

“I recommend that going forward the employer devises a new procedure for progression within the Research section in the Institute which will involve the running of a competitive and advertised recruitment process for roles as they become available. It is a requirement that the new procedure will comply with the principles of openness, transparency and fairness.

I recommend that said revised procedure be completed within 3 months of the date of this recommendation .’’

A Labour Court hearing took place on 17 August 2023.

DECISION:

Background to the Appeal

The Worker is a Grade III Clerical Officer at the Dundalk Institute of Technology (‘DKIT’). She has appealed to this Court from a Recommendation of an Adjudication Officer (ADJ-00045012/CA-00055831, dated 21 June 2023) under section 13 of the Industrial Relations Act 1969. The Worker’s Notice of Appeal was received in the Court on 8 July 2023. The Court heard the appeal in Dublin on 17 August 2023.

The Dispute

This dispute centres on a decision by DKIT to create the position of Research Office Manager and to designate that position as a research position and to remunerate it accordingly in line with the IUA Research Fellow salary scale. The Worker contends that the position should be designated as an administrative position. She is seeking €10,000.00 in compensation.

Discussion and Decision

The Court has had the benefit of considering both detailed written submissions and additional oral submissions from the Worker and DKIT. Having reflected on those submissions, the Court finds that the designation of the disputed position as a research position was reasonable in all the circumstances and, therefore, concludes that the Worker’s claim and request for compensation are devoid of merit.

The Recommendation of the Adjudication Officer is set aside.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
CO'R	______________________
23 August 2023	Deputy Chairman