FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MONAGHAN TOWN COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioners Recommendation IR1166/00/GF.
BACKGROUND:
2. The worker is a plumber by trade and has been employed by the Council since 1986 in the position of sewerage caretaker (sanitary services). In 1998, he submitted a claim that he be transferred to a plumber's position in the Council. He was aggrieved that a position of Assistant Town Foreman was given to another person, and sought that the next promotional position (Town Foreman) be given to him when it became vacant.
The worker referred his case to a Rights Commissioner, who did not recommend concession of the claim. However, following a meeting with the Rights Commissioner in December, 1998, it was agreed that in the event of the Assistant Town Foreman job becoming vacant, the worker would be assigned to plumbing duties.
The worker applied for the position of Town Foreman in December, 1999, but was unsuccessful. In February, 2000, the worker raised an issue which related to him not gaining supervisory experience. A second Rights Commissioner's hearing took place in August, 2000. In September, 2000, the worker applied for the position of Assistant Town Foreman but was unsuccessful. In February, 2002, another Rights Commissioner's hearing took place. The findings and decision were as follows;
"I think the Council's behaviour in relation to the agreement amounts to a breach of good faith and has damaged the industrial relations procedures designed to assist the parties. The claimant has suffered due to this behaviour and I feel he should be compensated accordingly. I note some recent improvement in the Council's efforts to provide training for potential aspirants, the sharing of the plumbing duties, and this is to be welcomed. However, having said that I recommend the claimant be paid the sum of €2000 compensation in full and final settlement of this complaint."
The worker appealed the recommendation to the Labour Court on the 2nd of April, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 6th of August, 2002, in Monaghan.
UNION'S ARGUMENTS:
3. 1. The position of Assistant Town Foreman became vacant in December, 1999, and, in accordance with the agreement in December, 1998, the worker should have been assigned to the plumber's position. To date, the Council has refused to accommodate him.
2. The worker is disadvantaged when competing for supervisory posts as the Council has denied him the opportunity to gain supervisory experience.
3. The worker has incurred a financial loss as a result of not achieving the position of Assistant Town Foreman.
COUNCIL'S ARGUMENTS:
4. 1. The reason for not implementing the initial agreement is that there is no requirement for a second plumber in the Council.
2. The worker is paid as a craftsperson which is the same remuneration as a plumber, so there has been no loss of pay.
3. Within his capacity as a caretaker, the worker carries out many plumbing tasks and gains as much experience and responsibility as he would in the plumbing position. The worker has acted up in the position of Assistant Foreman.
DECISION:
The Court has given consideration to the written and oral submissions of the parties. The Court concurs with the findings of the Rights Commissioner and, accordingly, upholds his recommendation. Therefore, the Union's appeal fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
23rd September, 2002______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.