FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CHUBB IRELAND LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MANUFACTURING, SCIENCE, FINANCE DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation RC72/97.
BACKGROUND:
2. The Company employs approximately 138 people and is involved in the sales and insulation of security systems.
The worker concerned has been employed as a clerk since February, 1987. Her claim relates to upgrading as a result of work performed on the Company's IBM Computer System.
The Company claims that the worker is currently on Grade C 14 of the Company's clerical scale and has received all increases due under the various National Wage Agreements.
The worker's job description was agreed with the Union in March, 1994 and no additional duties have been given to the worker.
The Union claims that the worker's duties have increased substantially since the issuing of her job description. The Company has always employed a full time Data Processing Manager, with sole responsibility for all computer affairs within the Company. This manager left the Company and was not replaced.
The dispute was referred to a Rights Commissioner for investigation. The Rights Commissioner investigated the dispute on the 19th May, 1997 and recommended as follows:-
"It is extremely difficult to evaluate the merits of this case, but nevertheless I am of the opinion that the worker's claim and her aspirations are based more on her own perception of the importance of her role, rather than the de facto position.
In that regard, the most salient point is that there has been no significant change in her job description or the duties she performs, notwithstanding the difficulties she seemingly has experienced in that area.
The latter element, in itself, does not in my opinion represent substantive or justifiable grounds, for a regrading, and consequently taking all factors into consideration, I am not convinced of the bone fides of the application and therefore recommend that the worker's claim for regrading of her position with Chubb Ireland Ltd. fails."
(The worker was named in the Rights Commissioner's Recommendation).
UNION'S ARGUMENTS:
3. 1. The worker has taken on extra responsibility and should be financially rewarded accordingly.
2. The worker wants to be placed on Grade D, Scale 14, which represents an increase in salary of £20.74 per week and that it backdated to 5th June, 1996.
3. As a result of the extra work load, the worker's own area of responsibility which involves adhering to strict deadlines has been affected.
4. Although the worker has no computer training/background she has, through her own efforts, learnt most of the computer functions.
COMPANY'S ARGUMENTS:
4. 1. The worker received a discretionary pay increase in recognition of her extra workload.
2. The worker's claim for upgrading is cost increasing and precluded under Partnership 2000.
3. The claim if conceded will have repercussive effects throughout the Company.
4. The Company's accountant has overall responsibility for the computer system.
DECISION:
The Court is satisfied that the claimant makes a substantial contribution to the running of her area of responsibility, under very difficult conditions.
However, the Court does not believe that there is justification for an upgrading in this case but would urge the Company to do all it can to improve the system faults.
The Court upholds the Rights Commissioner's Recommendation and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
21st July, 1997______________________
L.W./S.G.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.