ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003407
| Worker | Employer |
Anonymised Parties | A Worker | An Employer |
Representatives | Diarmuid Long SIPTU | Robin McKenna IBEC |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00003407 | 12/11/2024 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 23/09/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The parties were represented by organisations that are familiar with the industrial relations sphere. Parties to an industrial relations dispute should ensure that their submissions are made to the WRC in good time to enable consideration by an Adjudication Officer, and by the parties themselves, in advance of a hearing. These should be made 15 working days in advance. Submissions made by the working 2 working days in advance and by the employer less than 16 hours before the hearing are not acceptable practice to enable adequate consideration of matters in advance of the hearing of the dispute. |
Summary of Workers Case:
The worker submitted that he was employed by the respondent for 14 years. Her contract of employment has mirrored the minimum wage. The worker submitted that she was the only worker who was not on a set salary scale. An offer of a 16% increase was previously made which would place the worker on Point 1 of the Clerical grade. It was submitted on behalf of the worker that she should be placed on the top of the Development Worker Grade pay scale. It was submitted that her role is more akin to the Development Worker role rather than the Clerical Worker role. It was submitted on her behalf that this is a matter of fairness and that she should at least have received a number of increments and should have had the chance to be placed on the pension scheme. |
Summary of Employer’s Case:
The employer submitted that the employee is only one of 21 staff that are being paid the minimum wage. An offer of the living wage was refused by the worker, and she was offered point 1 on the Clerical scale with a contract. It was noted that the Development Worker role was employed on social exclusion issues out in the community and that the worker was engaged in a different type of work |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker is seeking recognition that she is a core employee. The employer noted that all its vacancies are offered internally first and that the worker has not applied for any. The worker is engaged in work to ensure funding for the ongoing financing of the employer. In recognition of that the worker should be appointed to point 5 of the clerical scale. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that parties to an industrial relations dispute should ensure that their submissions are made to the WRC in good time to enable consideration by an Adjudication Officer and by the parties themselves in advance of a hearing.
I recommend that the worker be appointed to point 5 of the clerical scale with effect from when she lodged her grievance in January 2024.
Dated: 5th of December 2025.
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Industrial Relations Act – submissions required in good time – appointment to point 5 of the clerical scale recommended. |