Case Number: ADJ-00027003. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00027003
Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969, following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Background: This dispute refers to the non-payment of increments to an Administrator (the Employee) by the employer. Summary of Employee’s Case:

The employee submitted that she commenced employment on 10th June 2003 as an Administrator. She maintained that her pay is linked to a collective agreement under the Local Development Social Inclusion Programme (LDSIP). Following a restructure her job was transferred in October 2014 under a TUPE to the employer. At that time, she was on point 3 of the collectively agreed Administration Salary Scale and maintains she has not received any increment under that agreement since then and was required in 2016 to sign a new contract. She signed this new contract without prejudice to her rights under the collective agreement. The employee maintains she did not consent to the collective agreement being changed. The employee further submitted that since 2016 management was aware of her dissatisfaction regarding her rate of pay and management was seeking a wage increase for her which ultimately was not granted.

The employee is therefore seeking a recommendation regarding her entitlement to be paid in accordance with the collective agreement which she maintained was a right transferred with her employment at the time of the TUPE.

Summary of Employer’s Case:

The employer accepted that the employee was transferred in 2014. The employer maintained that following new funding arrangements the employee’s contract was changed in 2015 and she accepted new terms and conditions in 2016 which also placed her on a new pay scale. It maintained that in any event the new pay scale was of greater benefit to her as the LDSIP scheme had been replaced by the Social Inclusion and Community Activation Programme (SICAP). In addition, as the employer was now under a new contract for funding it was not in a position to pay the employee any more than that is allowed for within the current pay arrangement.

The employer also contended that as the new contract was signed by the employee in 2016, any complaint...

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