FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Claim for regrading for Planning Enforcement Officers.
BACKGROUND:
2. Dublin City Council employs ten Planning Enforcement Officers to investigate and report on unauthorised developments. This Grade VI level job resulted from a reorganisation of the enforcement section in January 2000, where Grade V level, Planning Inspector, was upgraded to Grade VI level and given the title 'Planning Enforcement Officer'.
The Union claim that as a result of the Heritage Act,1999, and the Planning and Development Act, 2000, which conferred new powers and responsibilities on local authorities in relation to enforcement of planning matters, the Planning Enforcement Officers were given new responsibilities and duties. This warrants a further regrading to Grade VII.
The Council rejects the claim.
UNION'S ARGUMENTS:
3. 1. Changes brought about by the Heritage Act, 1999, and the Planning and Development Act, 2000 are major, and cannot be dismissed as minor or debarred as 'ongoing change'.
2. Regrading of Planning Enforcement Officers from Grade VI to Grade VII is justified on the basis of significant increases in responsibilities and duties being placed on them by the new planning legislation.
MANAGEMENT'S ARGUMENTS:
4. 1. As a result of the restructuring in January 2000, the structure of all areas of staffing including the Planning Enforcement Section would be the subject of ongoing review. This was agreed with the Unions.
2. Changes in the planning laws has resulted in more duties and responsibilities for Grade VII Administrative level, than for field staff, which includes the Planning Enforcement Officers. A detailed examination of the claim took place, which showed no evidence of additional responsibilities having resulted.
RECOMMENDATION:
The Court notes that in January 2000 the grade of Planning Inspector was regraded from Grade V to Grade VI with a consequent change in title to 'Planning Enforcement Officer'. This was accepted by the Union in return for, inter alia,reasonable changes to work practices as a result of the introduction of future planning legislation.This case arises as the Union now claims that due to the introduction of two new pieces of planning legislation, major changes have taken place in the duties and responsibilities of the claimants, which warrant a further regarding to Grade VII.
The Court is of the view that it is not the appropriate forum for consideration of such a claim, accordingly, the Court recommends that a review should be commissioned to study and report on the duties and responsibilities of the Planning Enforcement Officer grade in light of the impact of the new legislation. Agreed terms of reference should be drawn up between the parties.
The process should not meet with any delays and should be completed within three months of the date of this recommendation. If at the expiry of this process the issue remains unresolved, the matter may be referred back to the Court.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th November 2003______________________
JO'C/JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jo O'Connor, Court Secretary.