FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LEITRIM COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR 12293/03/LM.
BACKGROUND:
2. The appeal concerns a worker who is a Professionally Qualified Social Worker employed by Leitrim County Council since 2000. In 2001 the worker submitted a claim that her post should be upgraded to that of Senior Social Worker on the basis of a significant increase in her duties and responsibilities. Management rejected the claim. The dispute was referred to a Rights Commissioner for investigation and recommendation. On the 17th July, 2003 the Rights Commissioner issued her recommendation as follows:
"For the reasons set out in the foregoing I find in favour of the claimant to be re-graded to that of Senior Social Worker with retrospection to January 1st, 2003.
I note the claim for payment of senior single handed allowance was never raised with the employer prior to the hearing and, therefore, I do not recommend on same."
(The worker was named in the Rights Commissioner's recommendation).
On the 29th July, 2003 the Council appealed the recommendation to the Labour Court. The Court heard the appeal in Galway on the 16th June, 2004.
EMPLOYER'S ARGUMENTS:
3. 1. The claim is cost increasing and precluded under the Programme for Prosperity and Fairness.
2. The claim should have been lodged with the Parallel Benchmarking Body, the agreed mechanism for dealing with such claims. The Court has previously dealt with such claims (LCR16756, LCR17621 and LCR 16995 refer).
3. The Council does not accept that the role as outlined in the worker's claim for upgrading warrants such an upgrade. The duties which she performs are not those of a Senior Social Worker. There is no comparison to the role of a Senior Social Worker and the role carried out by the claimant.
4. Concession of the claim would lead to further knock on claims by other Professionally Qualified Social Workers employed in the local authority sector.
UNION'S ARGUMENTS:
4. 1. There is a significant difference between the role and job specification for the post as originally set out by the Employer in 2000 and the actual day to day responsibilities of the claimant. She has a much broader remit than was reflected in the original job specification and a much more onerous and extensive range of duties and responsibilities than those set out in the Employer's job description.
2. The job specification submitted to the Employer by the claimant is directly similar to the job specification for a Senior Social Worker employed in Galway County Council and directly similar to duties and functions of the Senior Social Worker employed by Kilkenny County Council and Dublin City Council.
3. The level of staff and support personnel with whom the claimant liaises in other Local Authorities outside of Leitrim County Council, including the North Western Health Board, would be at least at Senior Social Worker level.
DECISION:
At the Appeal Hearing, the Court heard detailed submissions, both oral and written, from the parties. This included details on the jobs of Professionally Qualified Social Worker and Senior Social Worker, both in Leitrim County Council and elsewhere.
Having considered all of the evidence put forward, it is the Court's view that the appeal should fail and the recommendation of the Rights Commissioner should be upheld.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
23rd June, 2004______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.