ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002076
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969
Date of Adjudication Hearing: 29/08/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Attendance at Hearing:
A Staff Nurse
A University Hospital
The claimant qualified as a Staff Nurse in 2003. The claimant attained a position in a hospital in Dublin. Due to personal circumstances she returned to work in Cork. The claimant submitted a detailed CV and included references from her previous employer. The claimant should have accumulated incremental credit for her service and the error was discovered when she was furnished with a contract of employment. The union is seeking payment of €27,088 inclusive of premium pay retrospectively for the period March 2009 to April 2012.
The respondent submitted that the onus was on the claimant to provide confirmation of service from the previous employer and this must be submitted within 12 months of commencement of employment. The respondent also submitted that the claim involves other workers and would have a major knock-on effect for the respondent. It was also submitted that the Adjudication Officer did not have jurisdiction to hear it.
Both parties made written and verbal submissions at the hearing.
I find that having examined all the evidence there was an onus on the claimant to produce evidence of previous service within a 12 month period of commencing employment. I find that based on the evidence as submitted that this is the practise that is applied by the respondent on all occasions that this matter has been raised.
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act
I cannot recommend concession of the claimant’s complaint.
Dated: 9th December 2016