FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK CITY PARTNERSHIP - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Rate of pay.
BACKGROUND:
2. The principal objective of the Cork City Partnership is to promote sustainable local development in disadvantaged areas and help create employment opportunities for the marginalised and excluded members of society. The Partnership is funded by a number of agencies but the Cork City Local Employment Service and the wages of 15 Client Service Officers (CSO) are specifically funded by FAS. Early in 2006 FAS altered its policy in relation to its funding of the pay budget and insisted it would only fund in line with its own pay scales resulting in the dispute as the CSO's have remained on a static pay scale since 2004.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 2nd July, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd October, 2007.
UNION'S ARGUMENTS:
3. 1. The Claimants have a legitimate right to be paid as set out in their contracts of employment.
2. Other staff employed by Cork City Partnership in the same grades and doing similar work are paid on the Pobal Adjusted Salary Scales.
COMPANY'S ARGUMENTS:
4. 1. In applying Pobal Adjusted Salary Scales to the CSOs the Partnership would incur substantially higher costs which it is not in a position to fund.
2. Phase 3 of benchmarking has not yet been paid as there is an ongoing dispute regarding opening hours.
RECOMMENDATION:
The employer told the Court that it acknowledges the merit in the Union's claim and that its only difficulty is that the funding agency will not provide the necessary funding to meet the claim. Consequently there is no dispute between the Union and the employer as to the entitlement of the staff concerned to the salary scale claimed.
In these circumstances the Court recommends that the parties should cooperate in seeking funding from the appropriate sources so as to allow the salary scale claimed to be implemented.
Signed on behalf of the Labour Court
Kevin Duffy
28th November, 2007______________________
JF.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.