FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PARTNERSHIP TRÁ-L� (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation R-032209-Ir-05/JH
BACKGROUND:
2. The Union's case is for the worker to be regraded from FAS Grade 11 to FAS Grade 10 in deference to the duties she carries out as Administrator for the local Employment Service (LES) / Partnership Tra Li. (The Union supplied details of the worker's duties.) The Partnership currently employs 40 people including 11 in the LES, 14 on a FAS Community Employment Scheme, 13 under the local Development Social Inclusion Programme (LDSIP) plus a number of other employees. There are three grades in the LES which reflect similar grades in FAS :-
Grade FAS LES
Grade 8 Senior Employment Service Officer Co-ordinator
Grade 10 Employment Service Officer Mediator
Grade 11 Clerical Officer Support Staff
The Union cited a previous Rights Commissioner case and subsequent Labour Court recommendation involving Clare LES in which a claimant was upgraded in a similar situation to the present one. The employer's case is that the LES is funded by FAS and Pobal (formerly ADM). The employer claims that although FAS has been contacted on numerous occasions as to the transferability of people from one scale to another (including the current claimant) FAS is not in a position to fund such a move.
The worker commenced employment with Partnership Tra Li in January, 1997, took a short break and returned in April, 1999, as an Administrative Officer. When salary guidelines were put in place in June, 2000, she was placed with the Support Staff Grade - equivalent to FAS Clerical Grade 11 - on point 10 of the salary scale. She is now on the maximum point of the scale.
The case was referred to a Rights Commissioner and her recommendation was as follows:
Based on the submissions made and for the reasons set out in the foregoing I do not recommend concession of the claim on behalf of the worker. I do recommend that Partnership Tra-Li formally request FAS to carry out an assessment of the administrator post in Tra-Li to assess whether a Grade 11 is still the appropriate grade. Alternatively FAS may agree to carry a review of all the administrator posts bench marked against the Grade 11 to assess what is the appropriate rate of pay going forward.
(The worker was named in the above recommendation.)
The worker appealed the recommendation to the labour Court on the 17th of August, 2005, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 11th of July, 2006, in Killarney.
UNION'S ARGUMENTS:
3. 1. There is no dispute between the parties regarding the worker's competency and the duties she undertakes.
2. There is no proof that FAS is not providing funding for Administrator at Grade 10. In the staff list and salary levels in 2004 the worker was listed as Administrator, Grade 10.
COMPANY'S ARGUMENTS:
4. 1. The Clare LES can no longer be a relevant comparator as it closed in January, 2004. While the title of Administrator may be applied to two people in different organisations, the job description and duties could be entirely different.
2. Following a survey by the employer it was established that it is not the norm for LES Administrators to be placed at Grade 10.
3. FAS has made it clear that it will not allocate additional funding to pay for the increase in cost of moving the worker from Grade 11 to Grade 10. Concession of the claim could lead to considerable knock-on claims.
DECISION:
The claim before the Court is an appeal by the worker against a Rights Commissioner recommendation, which found against her claim for an upgrade to FÁS Grade 10. The Rights Commissioner recommended that Partnership Trá-L� should formally request FÁS to carry out an assessment of the administrator post in Trá-L�, or indeed all administrator posts, to assess whether Grade 11 is still the appropriate grade.
The worker is employed as an Administrator on Grade 11 with LES Partnership Trá-L�. She claimed that she should be upgraded to Grade 10. The Union, on behalf of the worker, submitted to the Court that the duties she carries out are commensurate with FÁS Grade 10 and that she should be upgraded accordingly.
The employer rejected the claim and held that the relevant grade for an Administrator was Grade 11 and not 10.
Having considered the views of the parties expressed in their oral and written submissions, the Court concurs with the findings of the Rights Commissioner and, accordingly, upholds her recommendation. Therefore, the worker’s appeal fails.
The Court notes that Partnership Trá-L� have corresponded with FÁS on this matter, however, there has been no progress to date. The Court recommends that the recommended reviews should proceed without any further delay. Therefore, the Court recommends that the employer should make further efforts with FAS on the basis of this recommendation to ensure that the matter is addressed.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
1st August, 2006______________________
CON/EWDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.