A Worker v An Employer [2024]

Posted In: Case Law
  • Decision Number
    IR-SC-00001895
  • Legal Body
    Workplace Relations Commission (WRC)
  • Type of Claim / Jurisdiction
    Policies and Procedures
Issues covered: Industrial Relations – Promotion – Qualifications – Promotion Criteria

Summary Sentence:

The Adjudication Officer expressed the view that when a job description requires a qualification “or equivalent”, the term “or equivalent” is a nebulous concept that does not provide for transparency or consistency and should be explained with examples of what is considered equivalent.

Background:

TheWorker commenced employment with the Employer in May 2008 and applied for a promotion in July 2021. At the time, the Worker did not hold a qualification required by the job specification for the promotion, and as a result, the Employer did not consider the Worker for this role. It later transpired that another employee also did not have that qualification and was considered.

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This article is correct at 25/04/2024
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Paul D Maier BL

The main content of this article was provided by Paul D Maier BL.

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