Labour Court Database __________________________________________________________________________________ File Number: CD88768 Case Number: LCR12135 Section / Act: S67 Parties: DUBLIN INSTITUTE FOR ADVANCED STUDIES - and - MANUFACTURING SCIENCE AND FINANCE |
Claim, on behalf of one worker for regrading.
Recommendation:
5. The Court, having considered the submissions made by the
parties, notes the long delay in dealing with the claim for
re-grading. In these circumstances the Court recommends that the
claimant should be re-graded with effect from the date of the
assessment i.e. 9th January, 1986. The Court further recommends
that the re-grading be implemented as soon as it is practicable to
do so.
Division: Mr Fitzgerald Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88768 RECOMMENDATION NO. LCR12135
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DUBLIN INSTITUTE FOR ADVANCED STUDIES
AND
MANUFACTURING SCIENCE AND FINANCE
SUBJECT:
1. Claim, on behalf of one worker for regrading.
BACKGROUND:
1. In March, 1985, the Institute wrote to the Department of
Education seeking approval for the regrading of one worker from
Clerical Officer to Staff Officer. The O&M Officer of the
Department carried out an assessment in early 1986. His report,
which was made available on 15th April, 1987, recommended that the
worker should be upgraded from Clerical Officer to Staff Officer.
However, the Department of Education did not implement this
recommendation because of the Government embargo on promotion and
regrading in the public service which came into effect on 27th
March, 1987. The worker objected to this decision. In May, 1988,
the Union became involved in the case and the matter was referred,
on 6th September, 1988 to the conciliation service of the Labour
Court. A conciliation conference was held on 30th September, 1988
at which no agreement was reached. The matter was then referred
to a full hearing of the Labour Court. The hearing took place on
15th November, 1988.
UNION'S ARGUMENTS:
3. 1. Since March, 1985, the Institute has accepted that a
regrading is required. The Department's O&M Section has
stated this in its report. Despite the consensus of opinion,
the regrading has not been implemented.
2. The Department took over two years to complete its O&M
assessment of the job and issue a decision on regrading. This
amounts to total inefficiency. The worker was not at fault in
relation to the delay and she should not be penalised because
of it.
3. 3. The Labour Court, in Recommendation No. 10,056 dated
October, 1985, granted full retrospective regrading of the
Registrar of the Institute under Clause 6.1(a) of the 1983
Public Service Pay Agreement. The Union considers this to be
an appropriate precedent to this case.
4. The Union is seeking the immediate regrading of the worker
to Staff Officer, retrospective to 22nd March, 1985 and her
immediate placement on the maximum of the Staff Officer scale.
INSTITUTE'S ARGUMENTS:
4. 1. The Dublin Institute for Advanced Studies is a corporate
body established under the "Institute for Advanced Studies
Act, 1940". Section 18(1) of the Act states:-
" The Council shall appoint such and so many officers
and servants for the Institute and such and so many
clerical and other non-academic officers and servants
for each of the Constituent schools as they think
proper, but subject, in regard to the numbers of such
officers and servants, to the approval of the
Minister for Education given with the concurrence of
the Minister for Finance".
This Section of the Act clearly identifies the Minister for
Education, in concurrence with the Minister for Finance, as
being the authority assigned with the responsibility for
approving the numbers and grades of officers serving in the
Institute.
2. In view of the above the officers and servants of the DIAS
are subject to the conditions and norms prevailing generally
throughout the Civil and Public Service. Consequently the
terms of the Government decision of 27th March, 1987 apply
(and as subsequently confirmed by the Government on 25th
September, 1987) as continuing in operation for 1988. These
decisions laid down a strict policy in relation to promotions
and upgrading of posts in the public service in general and in
accordance with the terms of this strict policy the upgrading
of this worker cannot be conceded.