Labour Court Database __________________________________________________________________________________ File Number: CD95406 Case Number: AD9573 Section / Act: S13(9) Parties: DUBLIN PORT & DOCKS BOARD - and - A WORKER |
Appeal by the worker against Rights Commissioner's Recommendation ST55/95.
Recommendation:
Given the clarification given by the Board in relation to the
calculation of the claimant's pension in the event of retirement
i.e. that it will be based on a sergeant's rate of pay, the Court
upholds the Rights Commissioner's Recommendation.
The Court so decides.
Division: Mr Flood Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD95406 APPEAL DECISION AD7395
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
DUBLIN PORT & DOCKS BOARD
AND
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioner's
Recommendation ST55/95.
BACKGROUND:
2.1 The worker commenced employment as a Harbour Constable with
the Company in March, 1967. In August, 1989 a temporary
position as Acting Sergeant in the dog handling section was
advertised and the worker was selected for the position. The
worker performed the duties continuously from August, 1991 to
May, 1992.
2 The worker claims that he should be appointed to the rank of
Sergeant, or that he be put on the sergeants' incremental
scale from 1st January, 1991. The Company rejected the
worker's proposals. The dispute was referred to a Rights
Commissioner. The Rights Commissioner investigated the
dispute on the 5th April, 1995 and recommended following
clarifications that:-
(a) "that the worker be placed on a personal to holder
basis from a current date on the point of scale which
he would have reached had he been inducted on to the
starting point from 1st January, 1991 when he first
wore the insignia of a full sergeant"
(b) "that it be effective for actual payment from 1st
January, 1995".
(c) "that the worker carry out the duties of a sergeant
in the harbour police as and when required by
management".
(The worker was named in the Rights Commissioner's
Recommendation).
3 The worker appealed the recommendation to the Labour Court on
27th June, 1995. The Court heard the appeal on 29th
September, 1995 under Section 13(9) of the Industrial
Relations Act, 1969.
WORKER'S ARGUMENTS:
3.1 The worker has acted as Sergeant, albeit in a temporary
capacity since 1989. The Company should appoint him Sergeant
or put him on the sergeants' incremental scale from 1st
January, 1991.
2 The worker is claiming that his pension entitlements should
be computed on the basis of the sergeants' incremental scale
from 1st January, 1991.
3 The date of retrospection should be 1st January, 1991 which
is the date of entry to the sergeants' incremental scale.
4 The worker is required as Acting Sergeant to supervise
employees who are on a higher rate of pay than he is.
COMPANY'S ARGUMENTS:
4.1 Under the Dublin Port and Docks Board Act, 1869, the Board
has the power to appoint harbour police and determine their
rank and conditions of employment as is considered necessary.
2 In 1992, the Company decided to abolish the dog handling unit
and to redeploy the staff. It is not reasonable, therefore,
that the worker should be appointed to sergeant when the unit
has been abolished.
3 In January, 1993 a vacancy for a sergeant was advertised and
applications invited from constables with the necessary
service. The worker did not apply for this vacancy.
4 The worker has acted in the position of sergeant for a much
longer period than was originally envisaged. The dog
handling unit would have been abolished some years ago if
normal industrial relations procedures had been followed.
The worker would have reverted back to the grade of constable
and paid the appropriate rate for the job. The worker has
been fairly treated by the Company in every respect.
DECISION:
Given the clarification given by the Board in relation to the
calculation of the claimant's pension in the event of retirement
i.e. that it will be based on a sergeant's rate of pay, the Court
upholds the Rights Commissioner's Recommendation.
The Court so decides.
~
Signed on behalf of the Labour Court
17th October, 1995 Finbarr Flood
L.W./A.K. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.