FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : UNIVERSITY COLLEGE DUBLIN (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR18958/04/TB.
BACKGROUND:
2. The worker concerned commenced employment with the University in August 1970 as a Farm Steward at the Veterinary Field Station in Kilkieran. Since 1984 he has worked as Farm Steward at the Lyons Farm. The worker claims that at the interview in 1970 the position he was offered was on the same status as a Senior Agricultural Officer Grade (S.A.O.) in the Department of Agriculture and the salary offered was on a parity with the E.O./H.E.O.scale. He also claims that he was told that should the grade move as a result of a Department review then his grade and scale would also be reviewed to maintain parity.
The worker claims that despite a Department review in 1997 he did not get his promised review which he claims he requested on numerous occasions throughout the years. In 2001 the worker took up his case with the Union representative. The College insist that the worker has received his correct payments and that his post is not historically linked to the E.O./H.E.O. grade.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 21st September, 2004, as follows:
"In settlement of the dispute I recommend that he be placed on 99% of the E.O. scale, €39,474 which is the relationship he had at the time of his initial appointment. Half the difference between his current scale and the recommended scale to be paid immediately, the other half one year later."
The College appealed the recommendation to the Labour Court on the 28th October, 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 3rd March, 2005.
COLLEGE'S ARGUMENTS:
3. 1. The worker was offered and accepted the post of Farm Steward on a College salary scale. The salary scale is unique to the College and has no link with Department of Agriculture scales.
2. There is no parity or pay relationship between the worker's post of Farm Steward at Kilkieran/Lyons Farm and the Farm Manager at Backweston Farm.
3. The link to an administrative grade is not appropriate as the worker's duties and responsibilities have been to manage livestock for the past 35 years.
UNION'S ARGUMENTS:
4. 1.The worker claims that the position he was offered was on the same status as an S.A.O. grade in the Department of Agriculture and that the salary was on a parity with the E.O./H.E.O. salary scale.
2. The worker claims that as a result of a Department of Agriculture review in 1997 he should now be paid as District Superintendent Grade.
3.The workers records indicate that there is a recognisable link to E.O./H.E.O. grades.
DECISION:
The Court is of the view that the claimant be moved to the T.A.O. Grade (€36,662 p.a. as at August 2004) with effect from that date. He should also receive, with effect from the same date, an allowance in the nature of pay, on a personal -to -holder basis, of €2,812 (as at August 2004). This should be accepted by the parties in full and final settlement of the matter.
Both appeals are disallowed but the recommendation of the Rights Commissioner is varied as above. The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
14th March, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.