FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : QDS COPE FOUNDATION (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Placement on the correct point on the scale considering service, experience, seniority and qualifications.
BACKGROUND:
2. The worker is employed by the Company as a Senior Supervisor in charge of a sheltered workshop. The worker commenced employment in August 1988 as a supervisor. In 2000 supervisors were re-graded to Senior Supervisors backdated to 1998. The worker claims that she was placed on the incorrect point of the Senior Supervisor Scale at this time and that this has affected her pension, additional holiday entitlements and salary. The worker is due to retire in 2005 and wishes to be placed on the maximum point of the scale.
The issue was referred to the Labour Court on the 20th of April, 2004, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30th of June, 2004.
The worker agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. The worker has been seeking clarification in relation to her placement on the various salary scales from 1998 to 2000 without success.
2. The Union requested that a Rights Commissioner investigate the dispute but the Company objected to this method of dispute resolution.
3 The worker is seeking recognition of her service and experience and wishes to be placed on the maximum point of the Senior Supervisor salary scale prior to her retirement.
4. At the hearing the Union withdrew the complaint regarding annual leave entitlements.
COMPANY'S ARGUMENTS:
4. 1. The Company have paid the worker her incremental entitlements throughout her career.
2. The worker was assimilated on to the promotional scale in accordance with the guidelines issued by the Department of Health and Children in Circular 10/71.
3. The Company are prepared to place the worker on the maximum point of the salary scale prior to her retirement in 2005.
RECOMMENDATION:
The claim before the Court seeks to have the claimant placed on the correct point of the Senior Supervisor's scale, taking account of her service, experience, seniority and qualifications. Prior to 1998 the claimant was on the maximum point of the Supervisor's scale. With effect from 1998 she was assimilated on to the Senior Supervisors scale, at "the point nearest but not below her existing pay, plus one increment". This was in line with Circular 10/71Appointment and Conditions of Service of Officers and Servants under Health Boards.
The Court is satisfied that this assimilation was correctly applied in accordance with the guidelines. The Court notes that her progress on the scale since then has been by annual incremental progression and has taken account of her skill and experience.
The claimant is now on point eleven of the scale. The maximum point is point twelve. As the claimant is due to retire in May 2005, and her next increment is not due until June 2005, management, as a gesture of goodwill, offered to apply the final increment prior to her retirement date. The claimant sought application of long service increments.
The Court notes that long service increments are applied strictly on the basis of a number of years service at the maximum point of the scale and it was not prepared to concede this payment. The Court accepts that the criteria attached to the payment of long service increments is well established and therefore does not recommend concession of this part of the claim.
The Court recommends that management's offer to apply the maximum point of the scale (point 12) prior to the date of retirement should be accepted in full and final settlement of this claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th July, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.