Case Number: ADJ-00027003. Workplace Relations Commission

• Docket Number: ADJ-00027003
• Hearing Date: 14 January 2021
• Date: 01 January 2021
• Court: Workplace Relations Commission
• Respondent: A Rural Transport Company

ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00027003

Parties:

	Complainant	Respondent
Anonymised Parties	An Administrator	A Rural Transport Company

Representatives Ger Malone SIPTU Jerome Forde Forde HR

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00034527-001	07/02/2020

Date of Adjudication Hearing: 14/01/2021

Workplace Relations Commission Adjudication Officer: Gerry Rooney

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...