Worker

Employer

Anonymised Parties

An Employee

A Health Services Sector Employer

Representatives

Michael Kerrigan Fórsa Trade Union

Internal representation

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 - 00003800

11/02/2025

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 worker was working directly to another employee. That employee moved from his senior management role and although certain elements of oversight transferred to another employee at the same level, the worker undertook the vast majority of the work of his former manager.

This change took effect in 2018. In the intervening period, the worker continued providing services to the employer including undertaking the work of his former line manager.  The worker submitted that a substantial number of duties transferred to him rather than to the person at the same level as his former line manager. In 2024 the worker sought to have his position recognised and regularised and backdated to the time in 2018 when he first took on the responsibilities that were originally attributed to his line manager.

The employer clarified that what the worker is seeking is to have his position regularised at two steps up from his current level. It was submitted that the worker had delegated authority which reflects the work that was being done but that it does not represent the level that the workers original line manager was at.

The employer clarified that there was never an acting or higher duties allowance or role available.

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

A senior manager departed from a role that he had occupied for a number of years.  When he departed it appears that a good proportion of his practical duties were assigned to one of his subordinates on an ad hoc basis.  These matters were not written down nor was the position of the worker clarified for him.  A certain proportion of the administrative tasks of this former line manager were assigned to another staff member at a senior level.

The employer argued that the tasks assigned to the worker did not amount to a higher position, to an acting-up position or to undertaking higher duties.  This does not appear to have been confirmed in writing.

It seems logical that where a worker is being asked to take over a proportion of the duties that were previously assigned to a more senior manager, it should be clarified whether this amounts to acting up, higher duties or to a promotion.  At the very least it requires that a job specification/role profile be amended and that something is rendered in writing when these decisions are taken. 

Where a worker takes over a good proportion of the duties that were assigned to his former line manager, the employer should consider whether the tasks require regrading.  This conversation should take place and the process and decisions taken should be noted down for discussion with an employee and/or his union representative.

In order to facilitate flexibility in relation to a employee’s workload and role, a mechanism needs to   be put in place to assess of the level and nature of those tasks to be undertaken to ascertain whether in fact the series of tasks being given to a worker renders the position they hold effectively an upgrade on the previous work they undertook.

In the current situation, it appears that no clarity was afforded to the worker regarding his tasks, status and reporting structures from the outset, giving rise to a drawn-out dispute, going back over several years.

In all the circumstances of this dispute, I consider that an award of €2000 to the worker is appropriate in all the circumstances.

Industrial Relations Act – dispute over additional duties – clarification needed at time of request to carry out duties – change in job specification needed – award of compensation.