The Complainant commenced work as a Temporary Clerk of Works with the Respondent in 2002. Having taken into account his relevant background experience, skills and qualifications, he was appointed on the 5th point of their salary scale. From May 2002 until June 2006, the Complainant received ten temporary contracts from the Respondent. He then received a further two Fixed Purpose Contracts. In total, the Complainant received 12 contracts during the period 2000 and 2009. Each contract was for a duration of six months until the Complainant received the second Fixed Purpose Contract in June 2007.  The Complainant continued to be employed by the Respondent under this contract until receipt of a Contract of Indefinite Duration which was provided to him in May 2009.

The Complainant’s salary continued to reflect Point 5 of the salary scale. The Complainant then highlighted this issue to the Respondent, who stated that they would not address an individual request regarding queries relating to their own pay scale. The Complainant then brought the matter to the attention of the Trade Union but was again unsuccessful to resolve the issue at local level and so sought adjudication from the Workplace Relations Commission.

The Respondent submitted that the Complainant did not start work on the minimum point of the scale back in 2002 but was appointed on a temporary contract on Point 5 of the Scale.  The Respondent added that if the Complainant had any issues with the terms of the contract claim under the Protection of Employees (Fixed-Term Work) Act he should have raised them at the time. Therefore, the Respondent submitted that the aforementioned Act would be the proper legislation under which to have taken his case. However, he is now out of time to bring such claim.

Having considered all the evidence, the Adjudicating Officer was satisfied that the Respondent failed to recognise the Complainant’s period of service or experience. Therefore, The Respondent was ordered to place the Complainant on Point 8 of his grade with immediate effect. In addition, the Respondent was ordered to make a payment of €4,000 for compensation to the Complainant.
https://www.workplacerelations.ie/en/cases/2019/august/adj-00016896.html