Worker

Employer

Worker

Employer

Anonymised Parties

Deputy Catering Manager

 A Technical University

Representatives

Gilmartin Solicitors

 IBEC

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 - 00003592

20/12/2024

The Worker is a Deputy Catering Manager since 2005.

The Employer was represented by IBEC.

Submissions were received and relied upon by both parties.

It was the Worker’s submission that he was on the incorrect pay scale for the duties he undertakes.

He raised an internal grievance, initially in 2017 but formally in September 2023. It was his grievance that his pay scale does not reflect his higher level of responsibility as Deputy Catering Manager, resulting in no meaningful pay differential between him, the chefs, and the supervisor role.

The Stage 2 grievance was heard in November 2023 which was described as supportive of the Worker’s position but due to internal constatations was unable to progress.

The Stage 3 grievance took place in October 2024 with an outcome the following month acknowledged the role was not reflective of the duties and responsibilities which had expanded over time.

The Worker sought a regrading, backdated to October 2022.

The Employer submitted that it underwent the grievance procedure in good faith acknowledging the Worker’s long service.

The Employer submitted that job evaluation and pay scale changes in the public sector can only occur through collective, sector‑level negotiation with the relevant unions and individual requests cannot be considered. While existing grading arrangements for other staff remain in place, the Employer cannot unilaterally move the Worker to a different pay scale outside these collectively agreed processes, and the Worker is currently remunerated at the correct level for his grade. The Employer was sympathetic to the Worker’s position, but as the requested change lies outside its authority, it is not in a position to grant it. It further acknowledged that there is equivalent management salary scale within the current pay scale structures. 

The Employer relied upon the Recommendation ADJ-00044299, A Technical Officer/A Technical University where it was stated, “that a WRC Adjudication Officer has no role in recommending in favour of such a challenge as to do so would undermine the very nature of collective negotiations and agreement between employers and employee representatives.”

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

There were significant efforts made to resolve the matter.

In particular, the Employer made an offer in correspondence dated 15 October 2025. In the circumstances, I am recommending that this offer, in the exact terms set out on 15 October 2025 and applicable from that date, be accepted. It is fair and reasonable given the industrial relations constraints placed on the Employer.

It would be prudent for the Worker to accept this offer, as it is a unique proposal tailored to the Worker’s individual circumstances.

Having carefully considered the question of compensation, I have concluded that it would not be appropriate, given the collective agreements in place, and because awarding compensation in this case could set an unintended precedent.