ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006575
Parties:
|
Complainant |
Respondent |
|
|
Anonymised Parties |
A Medical Officer |
A Health Sector Employer |
|
Representatives |
In person |
Michael Doyle (Solicitor) |
Complaint(s):
|
Act |
Complaint/Dispute Reference No. |
Date of Receipt |
|
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 |
CA-00008853-001 |
19/12/2016 |
Date of Adjudication Hearing: 05/04/2017
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Acts 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).
Background:
The respondent employs the complainant as an Area Medical Officer (AMO) since September 1989. The dispute arises from an unsuccessful application for regularisation under circular 07/13, a claim for equal pay for equal work on the one hand and a direct claim to the WRC for equal pay for equal work on the other.
Preliminary Issue (s)
The respondent submits that the herein dispute amounts to a “rate of pay” claim for the AMO grade as it is inextricably linked to the rate of pay which would have direct impact for that body of workers. Therefore, it is asserted that I do not have jurisdiction to hear the complaint.
The complainant submits she does 95% of the work of a SMO and asserts in her complaint form that she is “submitting this form for Equal pay for equal work”.
Decision:
Section 41 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.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
|
It is clear from the specifics of the complaint that the complaint is misconceived under this enactment. In any event the submission of the respondent by way of preliminary issue is accepted. Therefore, I lack jurisdiction and am not in a position to make a recommendation favourable to the complainant in this case. |
Dated: 6th March 2018
Workplace Relations Commission Adjudication Officer: Michael Hayes