FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IARNROD EIREANN - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR11030/02/MR
BACKGROUND:
2. The Union has lodged a claim on behalf of its member that her post be regraded from Clerical Grade 3 to Clerical Grade 2. The Union states that the claimant's job at Fastrack, Connolly Station, is to imput consignment documents on her computer. She also deals with all incoming and outgoing telephone calls which can vary from train enquiries, parcel rates both national and cross channel and covers the other clerical post when required at lunch time etc. The worker has, since July, 1998, participated in every aspect of Fastrack possible and it is the Union's contention that her post should be regraded.
Management rejected the Union's claim.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 28th April, 2003, the Rights Commissioner issued her recommendation as follows:-
" In the circumstance, I recommend that the worker and SIPTU should now accept that her claim for regrading must fail."
On the 15th May, 2003, the Union appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30th September, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1 The worker performs all the clerical dutiesassociated with her post in the Fastrack office and also covers the other clerical position when that person is either on annual leave or on sick leave.
2. Since July, 1998 the worker has participated in every aspect of Fastrack possible and hence her reason for her application for regrading.
3. The Union believes that the Rights Commissioner erred in not recommending in favour of the worker.
COMPANY'S ARGUMENTS:
4. 1. The worker requested, for family reasons, that she be given a 9am to 5pm post Monday to Friday. She was given a Clerical Assistant post at Connolly Station where she retained her grade of Clerical Grade 3.
2. The worker submitted a claim for regrading stating that she performs similar duties to that of the Chief Clerk. A full assessment of her duties was carried out under an agreed Cahill Report Calculation Methodology from the Irish Productivity Centre. Following an assessment a regrading could not be justified.
3. Management has treated the worker in a fair and reasonable manner and asks the Court to uphold the Rights Commissioner's recommendation.
DECISION:
Having carefully considered the submissions of the parties the Court is satisfied that the conclusions and recommendation of the Rights Commissioner are correct. Accordingly the recommendation is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
15th October, 2003______________________
LW/BRDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.