FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WESTERN REGIONAL/CENTRAL FISHERIES BOARD - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Re-Grading
BACKGROUND:
2. The worker was first employed with the now defunct Inland Fisheries Trust in 1968. In 1969 he was appointed superintendent, a grade equal to Assistant Inspector, which is his current grade. Since 1988, the worker has been based at Cushlough, Ballinrobe, Co. Mayo. The Union claims that since 1988, the worker has performed duties which warrant upgrading to the position of Inspector, or a comparable grade.
The dispute has been the subject of a number of meeting at local level and conciliation conferences. The last conference took place on 25th April, 1995. In October, 1995, the worker's claim and job description were submitted to the Department of the Marine, which sanctioned a gratuity of £3,000 in full and final settlement of the claim. The worker rejected the offer and the dispute was referred to the Labour Court on 30th January, 1996, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 1st May, 1996.
UNION'S ARGUMENTS:
3. 1. The work being performed by the worker is unique, and is not performed by any other employee of the Western Regional/Central Fisheries Board. The Boards have acknowledged this and have benefited from the worker's expertise.
2. The claim has been on-going for a number of years, with management refusing to deal seriously with it. Despite this, the worker has continued to perform his duties and has shown considerable patience.
BOARDS' ARGUMENTS:
4. 1. It is accepted that the duties as performed by the worker are not those as set down in the staff scheme for field grades. However, the staff scheme has no provision for the creation of a new field grade such as "Technician" which the worker sought at the conciliation conference on 25th April, 1995.
2. The Boards do not wish the worker to continue with his present duties but instead to revert back to Assistant Inspector duties. The Department of the Marine will not sanction a new or retitled post for the worker. It has sanctioned a settlement of £3,000 for duties performed by the worker to date, which, in the circumstances, is reasonable.
RECOMMENDATION:
The Court, having fully considered all of the views of the parties, recommends that the claimant be paid an amount of £1,000 per annum for each year the duties referred to were undertaken by him.
The Court notes that for the future the claimant will be engaged only on duties appropriate to his grade and salary.
Signed on behalf of the Labour Court
Tom McGrath
24th May, 1996______________________
C.O'N/D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.