FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MARY IMMACULATE COLLEGE (REPRSENTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Upgrading of post.
BACKGROUND:
2. The worker was employed by the College as Building Maintenance Manager in November, 1998. His current status would be the equivalent of grade VI. The Union's claim is that because the worker's duties and responsibilities have expanded so much in recent years he should be upgraded to grade VII (the Union supplied a list of the worker's duties to the Court). The College, in principle, is not against the upgrading but claims that it is in breach of Section 19.6 of Sustaining Progress (SP). The Union believes that the claim could be dealt with under the "minor claims" clause of SP.
The Union referred the case to the Labour Court on the 24th of February, 2005, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 25th of May, 2005, in Limerick. The worker agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. There have been huge changes in the worker's duties and responsibilities since 1998. He now has more responsibility than the Building Maintenance Manager in the Dublin Institute of Technology, who is grade VII.
2. The worker has co-operated and taken on the additional duties on the basis that the extra work would be recognised and he would be regraded appropriately.
COMPANY'S ARGUMENTS:
4. 1. After referring the claim to the Higher Education Authority (HEA) and the Department of Education and Science (DES) the College was informed that the claim is in breach of Section 19.6 of S.P.
2. The College is aware of a number of other staff in the College who could make similar knock-on claims if the present claim is conceded.
RECOMMENDATION:
The issue before the Court concerns a claim for upgrading of the Buildings Maintenance Manager post in the College.
The College, while supporting the merits of the Union's claim, argue that it is breach of Sustaining Progress as it is a cost-increasing claim.
Having considered the views of the parties expressed in their oral and written submissions, the Court is satisfied that the claim can be viewed as a minor claim and is not precluded by the stabilisation provisions of the public sector pay agreement associated with Sustaining Progress.
The Court is of the view that the Union's claim appears to have merit even without the comparison with Dublin Institute of Technology, due to the significant additional duties undertaken since the post holder's appointment in 1998. Therefore, the Court recommends that the post should be regraded to Grade VII as claimed by the Union.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th June, 2005______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.