FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : EASTERN REGIONAL FISHERIES BOARD (REPRESENTED BY THE CENTRAL FISHERIES BOARD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appointment to higher grade post in a permanent capacity.
BACKGROUND:
2. The dispute concerns the Union's claim on behalf of one worker who has been acting Assistant Fisheries Inspector since 1997 to be appointed to the post in a permanent capacity. In April, 1997 the Board created and filled the new post of Boyne Fisheries Manager, now Angling Marketing Coordinator, which was filled by open competition. The successful applicant vacated an Assistant Fisheries Inspector post which was filled by the claimant in an acting up capacity since April, 1997 and for which he receives an acting up allowance. In June, 2003 the Union wrote to the Board seeking the regularisation of the post. The Board is also seeking to have the post filled on a permanent basis but is unable to obtain Department of Finance sanction to do so. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 30th November, 2004 in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Court hearing was held on the 11th March, 2005.
UNION'S ARGUMENTS:
3. 1. The claimant is being significantly disadvantaged by being maintained in an acting capacity. He has sustained losses in salary, allowances, sick pay and holiday pay. In addition his pension would not reflect the higher rate of pay.
2. While the claimant has carried out, and continues to carry out the full range of duties of an Assistant Inspector over eight years, he has not received the appropriate agreed rate of pay during this time. He should be fully compensated for the loss involved.
COMPANY'S ARGUMENTS:
4. 1. The Boyne Fisheries Manager/ Angling Marketing Coordinator post was without sanction since 1997 and consequently there was no sanction for the ' acting up' post of Assistant Inspector held by the claimant. In November, 2004 the Departments of Finance and Communications, Marine and Natural Resources agreed to regularise the posts of Boyne Fisheries Manager / Assistant Marketing Coordinator and Assistant Inspector and for these posts to be filled by open competition. The sanction was conditional on the suppression of the next vacancy at Assistant Inspector level.
2. The Government decided to cap numbers in the public service in December, 2002 and reduce them by over 5,000 in the next three years. In July, 2003 the Government decided how this reduction was to be achieved. The Board has to operate within the parameters of this sanction.
RECOMMENDATION:
The Court notes that the claimant has held the post of Assistant Inspector on an acting basis since 1997. In the Court's view it is unrealistic to regard the holding of the post in an acting capacity for such a length of time and his de facto position in the post should now be regularised.
The Court recommends that the claimant be confirmed in the post of Assistant Inspector and for the purposes of pay and allowances the appointment be backdated to 1st June, 2003.
Signed on behalf of the Labour Court
21st March, 2005______________________
TOD/BRKevin Duffy
Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.