FAQs – Tusla Job Evaluation Scheme Dispute

You will be aware from various reports from the Union since 2020, that we had sought the re-opening of the Clerical/Admin job evaluation scheme (JES) to our members in Tusla. The JES is an existing agreement between the Union and your employer which was previously available to our members prior to transfer from the HSE to Tusla. The JES agreement and all existing agreements at the time of transfer are protected terms of your employment and are underpinned by the terms of Framework Agreement, which was signed upon transfer to the new Agency in 2014. The scheme enables staff to seek to have their post measured through the job evaluation process to assess the appropriate grade for the post.

For a period during the years of the financial emergency measures, the scheme was temporarily closed for all. However, in 2016 it was re-opened to staff in the HSE and Section 38 organisations. At the time it re-opened, the Union sought to ensure that it was also re-opened to our members in Tusla as they are encompassed by the original scheme agreement. We eventually got it re-opened in Tusla in January 2020. However, this was short-lived as in November 2020, the scheme was withdrawn again by Tusla on foot of instruction from Department of Expenditure and Reform (DPER), citing that the reopening of the scheme to Tusla did not have prior sanction by DPER. In addition, it cited that it is a cost increasing claim which is debarred under the Public Service Agreement.

Since November 2020 when it was withdrawn, the Union has battled to have it reinstated. We referred the matter through the many industrial dispute resolution processes which are provided for through the Workplace Relations Commission, the Labour Court, the Sectoral Oversights Body, and the Public Service Agreement Group. The most recent being a labour court hearing on 28th July 2023.

At the hearing in the labour court, Tusla confirmed to the court that it did not disagree with the Union position. However, Tusla stated that it is prevented from opening the scheme as neither DCEDIY and DPER will give sanction for this. As Tusla’s stated position to the Court was that it wasn’t in dispute with the Union’s position, the court determined the following: “The Court, on that basis, concluded that it had no jurisdiction under the Industrial Relations Act in this matter, it being apparent to it that there is no extant dispute between the Union and the employer concerning the subject matter of the referral."

Arising from that labour court decision, the Union wrote again on  28th July 2023 to Tusla, requesting immediate opening of the job evaluation scheme within ten days of our letter. Tusla responded to the Union advising that it was not in a position to do so but that it was due to meet the DCEDIY on 17th August to see if progress could be made. To date, we have not formally received an update from that meeting with the DCEDIY.

In conclusion, this is a most bizarre stance taken by the employer who has an obligation to you as an employee to uphold, honour and respect agreements made with you and with this Union, in good faith and on your behalf. Agreements which are part of your protected terms and conditions of employment since you transferred from the HSE. All staff would have received letters of undertaking at the time of transfer which cemented those agreements. So, by shutting down your access to the JES, your employer is essentially ripping up those commitments and guarantees you were given.

This is why the Union has taken the decision to ballot members for industrial action. It is not just about the job evaluation scheme but defending the entire Framework Agreement and all the protections you were bestowed upon transfer, guaranteeing “no less favourable terms and conditions of employment”.

It’s time to take a stand to protect your terms and conditions of employment. Your Union is recommending you support this ballot by voting “yes” to protect your terms and conditions.