ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00006194
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: 15/02/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
In accordance with Section 13 of the Industrial Relations Act, 1969 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).
Complainant’s Submission and Presentation:
I wish to appeal a grievance outcome I lodged as I believe I should be moved up to grade 5. I believe I have satisfied the criterion. I dispute my employer’s decision that I do not.
Respondent’s Submission and Presentation:
The Complainant has had her grievance fully investigated by the internal Grievance process of the Hospital. Her complaint was unsuccessful as she falls outside the key dates specified in a HSE circular regarding the filling of posts.
The Hospital is one of the largest Hospitals in the State with many thousands of staff. In this context it cannot deviate from agreed staff policies and HSE Regulations. It was accepted that only a few weeks were involved here but the dates in the circular were agreed with all parties and representative organisations and cannot be deviated from.
Section 13 of the Industrial Relations Act, 1969 requires that I make a Recommendation in this case.
Issues for Recommendation
Is the Complainant’s case for a promotional upgrade based on her period of “Acting Up” well founded?
Legislation involved and requirements of legislation:
HSE Circulars (in particular HSE HR 017/2013) and Industrial Relations Act, 1969
The evidence presented supported the Hospital position. Unfortunately for the Complainant she was marginally outside the dates required to qualify for the Upgrading benefits of HSE Circular 017/2013. I accepted the staff records of the Respondent Hospital as being a true reflection of the position.
I had to agree with the Hospital Management representatives that no matter how sympathetic they might be on a personal basis, a deviation from agreed dates would not be in anyone’s long term interest. This applied in particular in such a large employing organisation as the Hospital in question.
In summary ,I could not find in favour of the Complainant and the situation post the internal Grievance outcome of the 10th March 2016 has to stand.
The claim is dismissed.
Dated: 26 July 2017