Appeals Procedure - Cards
The method of appeal by an employer or operative is set out below in outline and is subject to Regulations made by the SJIB.
a) The appellant must lodge an appeal in writing detailing their reasons for the appeal. He must quote his National Insurance number and state the name and address of his present employer or, if different, the name and address of the employer with whom he was originally graded. Employers appealing against the grade awarded should detail in writing their reason for the appeal.
b) The grounds for the appeal must be clearly stated, with supporting documents such as authenticated Certificates or evidence of courses, practical experience and years of service in the Industry. A copy of the appeal must be passed (if applicable) to the employer in the case of an appeal by an operative or to the operative in the case of an appeal by an employer.
c) Unjustified, unsupported, vexatious or frivolous appeals will not be entertained. Appeals supported by both employer and operative will be permissible but will not necessarily receive commendation except where an operative, with his present employer’s support, applies on justifiable grounds for upgrading (although a separate procedure will normally be followed for upgrading).
d) Appeals will be dealt with impartially by the SJIB Grading Committee, comprising an employer representative and a Regional Officer of the Union. The Grading Committee will consider the written evidence, statements by the appellant and supporting or opposing statements. The Grading Committee may question the operative and employer to establish that the facts presented are completely true, and will call for any oral or documentary evidence which they feel is necessary to substantiate the validity of any statement. If necessary, they will call for evidence from a former employer(s) and/or inspect the operative’s work or carry out a standard SJIB trade test of the operative.
If appropriate, the employer and/or operative will be given due notice of the place and time where the appeal will be held and either may be represented by SELECT or the Union, as appropriate, or another nominated representative.
The appellant may be required to attend in person, or, in the case of a firm, to be appropriately represented.
e) The decision of the Grading Committee will be communicated in writing to the appellant and/or his employer. The operative's record will be amended. The Board may or may not award the costs of an Appeal to a successful appellant, but not damages, and there will be no retrospection of any increased payments in the case of upgrading, or return of wages in the case of downgrading. Any increase in wages consequential upon an appeal shall take place from the commencement of the pay week specified by the Board.