Worker

Employer

Anonymised Parties

Craft worker

Transport Company

Representatives

Brendan Byrne Unite the Union

 HR Representative

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 - 00005019

26/08/2025

The Company have a Joint Industrial Council where matters concerning any collective agreement must be referred. This claim relates to a comparator who transferred from a sister company, and it is alleged was moved to a point on the relevant craft scale that he held previously before he transferred. That point on his scale means that he receives a higher basic salary.

The Complainant and worker in this case was at the top of his scale at the sister company before he transferred. However, there was no transfer agreement in place at the time, and he started at the first point of the scale.

The Company and Group of Unions entered into a new agreement about inter group transfers and agreed a period where backdating would apply. In this case it does not apply as the period is outside the reference period detailed in that agreement.

Others also have sought to seek parity with those who have benefited from the new enhanced arrangements. Those claims relating to the collective agreements are heard by the JIC that now is in place, and their determination is binding on the parties. That body has ruled that those claims should not be given parity as they are outside the reference period.

The Complainant is working alongside a colleague who he says he trained and who has far less service that he has yet he is on more. He believes that cannot be fair and equitable.  The Company say the matter is not properly before me as the internal grievance procedures has not been exhausted. The worker stated there was no point referring the matter to the Council as they had already decided about another or others with similar claims and rejected them.

The worker states that a work colleague who he previously trained and who had less service than he accrued at the sister company, who transferred over based on the new collective transfer agreement enjoys a higher salary. That is unfair.

The Company stated that the worker accepted the terms and conditions when he moved and those terms were better than what he had previously. The internal procedures have not been exhausted. The claim would affect others and therefore the matter is not properly before the Adjudicator

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

Both parties agreed to refer the matter to the WRC. The Employer stated that the WRC should not hear the matter. In these circumstances the matter cannot be resolved. Industrial Relations is a voluntary process and requires engagement so that a matter can be resolved. The Company state that the issue before me relates to a collective agreement and would affect others. In these circumstances where that is asserted by any party and that is the case, I have no authority to hear the matter.

No Jurisdiction.