FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CLARE LOCAL EMPLOYMENT SERVICE LIMITED - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Appeal against Rights Commissioners Recommendation IR12376/02/JH.
BACKGROUND:
2. The worker concerned commenced employment with the Company the 8th of April, 1998, as an Administrator. The salary was equivalent to Grade 11 Fás scales, point 15.
On the 14th of April, 1998, the Department of Enterprise, Trade and Employment merged Grade 14 and Grade 11 to create a support staff equivalent to Grade 11. The effect of this was that the salary of the Administrator remained unchanged.
This situation was highlighted at numerous Board meetings. At a meeting on the 29th April, 1998, it was suggested that the Administrator be placed on Grade 10 and this was to be investigated with the Department. The Department replied that the guidelines were accepted and approved and could not be changed.
The issue was referred to a Rights Commissioner for investigation and recommendation. Her recommendation which issued on the 31st of October, 2003 is as follows:
"Based on the submissions made I recommend that the worker be re-graded as a grade 10 with effect from the 1st of January, 2003. The formal approval for this re-grading to be sought from Fás by the management committee on the basis of this recommendation."
(The worker was named in the Rights Commissioner's recommendation)
The Union appealed the recommendation to the Labour Court on the 5th December, 2003 and the Company appealed the recommendation to the Labour Court on the 10th of December, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 3rd of March, 2004.
UNION'S ARGUMENTS:
3. 1. The Union first raised this matter in 1998 and there appeared to be considerable agreement on the Board that the appropriate grade should be grade 10.
2. The Union maintains that an Administrator in another Local Employment Scheme (LES) is being paid at the grade 10 scale.
3. The Union believe, because of the longevity of the claim, that it would be reasonable for the recommendation of the Rights Commissioner to be implemented and backdated to January, 2001.
COMPANY'S ARGUMENTS:
4. 1. The worker has not carried out any task outside of the original job description to which he agreed on commencement of employment.
2. The position of Administrator is funded by Fás at grade 11, irrespective of the variance of tasks within the terms of contract.
3. Clare LES is a stand alone Company and has no other funding than that provided by Fás.
DECISION:
Having considered the submissions of the parties, the Court has come to the view that the conclusions and recommendation of the Rights Commissioner are reasonable. Accordingly, the recommendation of the Rights Commissioner is affirmed and both appeals are disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
18th. March, 2003______________________
MG.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.