FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : COILLTE TEO - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Appeal of Rights Commissioner's Recommendation IR15402/03/GF
BACKGROUND:
2. The Union's claim is on behalf of the worker who is seeking extra increments in recognition for taking on extra duties over the past few years. The worker is one of 5 Team Leaders attached to the Timber Harvesting and Transport Process in the Company. His post is graded at Level 2, and he attained this level as Acquisition Manager in 1990. He advanced to the maximum point of the pay scale (point 15) in June 2004. The worker's case is that he should have been on the maximum point since February, 2003. The Company's position is that the worker's duties were no greater than many others in the organisation. The case was referred to the Rights Commissioner and his recommendation was as follow:
"The reasons given by the Company for this situation make no real sense to me, especially in view of the discretionary payments systems explained at the hearing. I recommend the claimant be paid the amount claimed for February 2003."
The Company appealed the recommendation to the Labour Court on the 7th of May, 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 8th July, 2004.
UNION'S ARGUMENTS:
3. 1. The worker has an outstanding record of performance in various assignments since he was promoted in 1990. (The Union supplied details to the Court).
2. There is a well established practice in Coillte of an informal procedure for awarding individual staff members who excel at their duties or take on extra responsibilities. A substantial number of staff have been recognised in this way. The worker concerned should also be rewarded.
COILLTE'S ARGUMENTS:
4. 1. Management acknowledges that there have been changes in the worker's area of responsibility but this is no different from that of many others in the organisation.
2. The worker is fairly rewarded, in common with all other members of staff, by way of his incremental payscale.
3. There was an informal practice whereby a small number of employees were rewarded financially on foot of recommendations from top level managers for "exceptional performance" of duties. This practice effectively ceased in 2000 following the introduction of a "formal" performance-related pay scheme.
DECISION:
The Court has given careful consideration to the submissions of the parties to this appeal.
The Court is satisfied that the conclusion reached by the Rights Commissioner and his recommendation are reasonable in the circumstances. Accordingly, the recommendation is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
19th July 2004______________________
PM/CONChairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.