Labour Court Database __________________________________________________________________________________ File Number: CD95260 Case Number: AD9561 Section / Act: S13(9) Parties: HALLMARK CARDS (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Appeal by the Union against Rights Commissioner's Recommendation No. DC7/95 concerning a workers claim for higher grading.
Recommendation:
The Court has fully considered all of the issues raised by the
parties in their oral and written submissions. The Court can
sympathise with the claimant in the situation he finds himself.
In other circumstances and given the conversations which took
place he had reasonable expectations that he would have been the
likely candidate to fill the Grade III position when it became
vacant.
However, given all the circumstances in this case the Court
upholds the recommendation of the rights Commissioner and rejects
the claimant's appeal.
The Court so decides.
The Court would suggest however, that if in the future a suitable
promotional vacancy arises due regard should be given to the
skills and experience of the claimant.
Division: Mr McGrath Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD95260 APPEAL DECISION NO. AD6195
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
HALLMARK CARDS
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
Recommendation No. DC7/95 concerning a workers claim for
higher grading.
BACKGROUND:
2. The Company employs 240 workers. The worker concerned
commenced employment with the Company in 1980. For the past
five years he has been employed in the Accounts Department as
a grade 2 accounts clerk. He has sought regrading on a
number of occasions without success. During the past few
years the worker has acted as relief for the payroll clerk
(grade 3) during holiday/sick absences and has covered that
position for fifteen months. In recent years the Company
implemented a redundancy programme. The payroll clerk's post
became vacant. It was not advertised and the post was filled
by a grade 3 clerk surplus to requirements in another
section. The Union claimed that the worker concerned should
have been promoted automatically to a grade 3 position as he
was the stand-in person for a number of years. Management
rejected the claim. The dispute was referred to a Rights
Commissioner for investigation and recommendation. On the
13th March, 1995 the Rights Commissioner issued his
recommendation as follows:-
"Much as I can appreciate the claimant's dilemma which
simply equates to job stagnation and also that his
aspirations to promotional advancement have effectively
been frustrated by circumstances beyond his control, the
facts of the matter are that there has essentially been
no significant change in his own job content, to justify
his regrading on a personal basis. Consequently I can
only recommend that his claim fails."
On the 19th April, 1995, the Union appealed the
recommendation to the Labour Court. The Court heard the
appeal on the 1st August, 1995.
UNION'S ARGUMENTS:
3. 1. In 1992, when the worker first sought regrading he was
advised by management to become fully trained in the
payroll function. He was told he could then avail of
the existing situation whereby recognised trained
back-up workers are permanently on a higher grade. Many
workers in the Company similarly trained as back-ups
have been regraded (details supplied to the Court).
2. The Union rejects management's contention that its
action in appointing a grade 3 from another area was
consistent with the agreement on flexibility. This is
not the case. Recently a worker in the office was given
a rate-rise taking them to the maximum of grade 3 from
grade 2 even though there were spare grade 3 workers
available.
COMPANY'S ARGUMENTS:
4. 1. The Company introduced a voluntary redundancy package in
1994 due to a reduction in production requirements. The
wages clerk applied and was successful. She was
replaced by a surplus grade 3 from the die vault
section. The Company filled this vacancy in accordance
with the plant procedural agreement in relation to the
filling of vacancies, specifically regarding the use of
employees surplus to requirements in other areas. The
Company has consistently applied this clause of the
agreement since the 1980's.
2. The Company has sympathy with the claimant's situation
but it can see no grounds for conceding a regrading to
him on a personal basis. There is no provision within
the framework on the Company/Union Agreements for
personal gradings. Any change to the agreed policies
relating to promotions would have major repercussions.
DECISION:
The Court has fully considered all of the issues raised by the
parties in their oral and written submissions. The Court can
sympathise with the claimant in the situation he finds himself.
In other circumstances and given the conversations which took
place he had reasonable expectations that he would have been the
likely candidate to fill the Grade III position when it became
vacant.
However, given all the circumstances in this case the Court
upholds the recommendation of the rights Commissioner and rejects
the claimant's appeal.
The Court so decides.
The Court would suggest however, that if in the future a suitable
promotional vacancy arises due regard should be given to the
skills and experience of the claimant.
~
Signed on behalf of the Labour Court
23rd August, 1995 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman