FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BROTHERS OF CHARITY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - WENDY MOLONEY (REPRESENTED BY SIPTU) DIVISION : Chairman: Mr Haugh Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Appeal of an Adjudication Officer's Decision No: ADJ00000203
BACKGROUND:
2. This case concerns a claim by the worker that her position, (Clerical Officer Grade 3) be evaluated and regraded to (Grade 5) with full retrospection.
The matter was referred to an Adjudication Officer for investigation and on 7 April 2016 the Adjudication Officer issued the following decision:-
- Given the incremental expansion of the Management and care roles within the service which omitted to include the claimant's evolutionary role, I find that the claimant should be prioritised in the anticipated job evaluation exercise to address the substantive nature of the claim. I recommend that the respondent service fast track discussions with the HSE in this regard. In the meantime, I recommend that the claimant be placed on a temporary appointment scale of Grade 5 from the date of this recommendation subject to the outcome of the job evaluation process. This would be red circled to the claimant.
The Employer appealed the Adjudication Officer's decision to the Labour Court on 16 May 2016 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 14 July 2016.
DECISION:
This dispute concerns a worker who has been employed as an Administrative Assistant Grade III by the Brothers of Charity since May 2007. She submits that her level of responsibility has increased significantly in the meantime and that she is undertaking far more complex tasks than she was originally employed to do. Accordingly, she is seeking to have her position upgraded to Administrative Assistant Grade V.
The Court notes that the HSE’s Job Evaluation Scheme has now commenced. It recommends that this Worker’s application to the Scheme be given priority by the HSE and dealt with as soon as is practicable. Any issue of retrospection, if it arises, is also a matter to be determined in the course of that review.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
20 July 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Neville, Court Secretary.