FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BROTHERS OF CHARITY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY HORAN & SON SOLICITORS,) DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR5051/01/JH.
BACKGROUND:
2. The Brothers of Charity is a service organisation looking after people with intellectual disability throughout Co. Galway and the wider western region.
The worker is an Instructor/Supervisor paid on that scale since her return from a 5 year career break in January, 2001. The service operates a 10-point salary scale, with Occupational Therapy Aides paid from point 1 up to point 5, and Instructor/Supervisors paid from point 6 to point 10. The Union's claim is that from 1990-1996 the worker performed the same duties as other non-nursing staff who are House Parents. These workers moved beyond point 5 of the scale incrementally during these years (1990-1996). The worker had first referred her case to a Rights Commissioner for
investigation in September, 1998. His recommendation - RC213/98/MR - was as follows:
"I therefore recommend that, on the worker's return to work, she should be placed on the Instructor/Supervisor scale in accordance with the normal procedures for such regrading at the Brothers of Charity."
The Union claims that the worker concerned should have been placed on point 10 of the scale (instead of point 6) when she resumed work in 2001.
The worker again referred her case to a Rights Commissioner in January, 2002. Her recommendation is as follows:-
"On the basis of the submissions made and given the conclusion set out above, I am satisfied that the Brothers of Charity have implemented the terms of RC213/98/MR correctly and I do not recommend concession of the worker's claim."
(The worker was named in both of the above Recommendations)
The worker appealed the recommendation to the Labour Court on the 8th of March, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 21st of August, 2002, in Galway, the earliest date suitable to the parties.
WORKER'S ARGUMENTS:
3. 1. The worker was not treated the same as her colleagues who were non-nursing staff. She was doing the same job, had commenced work at the same time and she had taken the course required to move up the scale.
2. The Rights Commissioner expressly stated that the worker should be placed on "the Instructor/Supervisor's scale in accordance with normal procedures." As the worker did the job of an Instructor/Supervisor during the years 1990-1996 she should have been on points 6-10 of the scale during that time.
EMPLOYER'S ARGUMENTS:
4. 1. The worker is seeking to place her own interpretation on the Rights Commissioner's recommendation. The normal practice for a promotion/upgrading is that the employee starts on the next point of the new scale or, in this case, point 6 of the Instructor/Supervisor's scale.
2. The worker did not appeal the first Rights Commissioner's recommendation. What the employer proposed was the same as applied to another member of staff who had a similar claim in 1996.
DECISION:
The Court is satisfied that what was originally recommended was that the claimant be regraded to the Instructor/ Supervisor scale with effect from her return from her career break. It was further intended that the assimilation to the new scale would be in accordance with normal practice. This is what, in fact, occurred.
Accordingly, the Court is satisfied that the Rights Commissioner was correct in her conclusions and recommendation. The appeal is disallowed and the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
30th August, 2002______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.