FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : EASTERN HEALTH BOARD - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr Rorke |
1. Appeal against the Rights Commissioner's Recommendation IR164/99/CW.
BACKGROUND:
2. The worker concerned is employed by the Eastern Health Board as Acting Chief Environmental Health Officer since 1987. He has a total of 38 years service with the Board. The dispute before the Court concerns a claim by the Union on behalf of this worker for payment of long service increments. Agreement was not reached at local level and the Union referred the issue to a Rights Commissioner for investigation. His Recommendation issued on the 28th of June, 1999, as follows:-
"I recommend that the Board offers and the worker accepts that he is moved to the top of the scale (£39,580 from £38,714), effective from 1st June, 1999, when he retires this year".
(The worker was named in the Rights Commissioner's Recommendation.)
The Union appealed the Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 24th of September, 1999.
UNION'S ARGUMENTS:
3. 1. Since 1994, the worker has been on the maximum of the Chief Environmental Health Officer scale. He should now be entitled to the long service increments.
2. The worker concerned has been an Acting Chief Environmental Health Officer since 1987 and has a total of thirty-eight years service with the Board, therefore, the Union's claim is justified.
BOARD'S ARGUMENTS:
4. 1. Due to changes in the Environmental Health Service, the post of Chief Environmental Health Officer no longer exists. The re-assignment of the worker concerned is a matter which has not been resolved.
2. Staff in acting positions do not normally receive increments. The worker concerned has been treated fairly by the Board.
DECISION:
The Court has given careful consideration to the submissions of the parties to this appeal.
In all the circumstances of this case, the Court regards the Recommendation of the Rights Commissioner as a reasonable response to the Union's claim. As the Court understands it, the effect of the Recommendation is that on retirement, the claimant should have his pay adjusted to the amount specified by the Rights Commissioner retrospective to the 1st of June, 1999.
The Recommendation of the Rights Commissioner is upheld and the appeal disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
11th October, 1999______________________
GB/BCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.