FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : EIRCOM LIMITED - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Pay and Terms of Employment.
BACKGROUND:
2. In 1977 the Claimant commenced employment with the Department of Post and Telegraph (P&T) as a telephone installer and on the 16th July 1981 he was formally appointed a Civil Servant by the Civil Service Commission. On the 1st January 1984 the P&T transferred part of its business to Telecom Eireann which was governed by the Postal and Telecommunications Services Act, 1983 and in 1995 Telecom Eireann changed its name to Eircom. In 1999 Eircom became a private Company and there was a share flotation which was supported by the Government. During all of this time the Worker contends that he was never informed that there was any change to his status as a Civil Servant, he is seeking to be 'benchmarked' on his salary at Civil Service or Public Servant rates.
On the 2nd August, 2006 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 22nd July, 2008 in Sligo Courthouse. The Worker agreed to be bound by the Court's Recommendation.
WORKER'S ARGUMENTS:
3. 1. Section 45(2) of the 1983 P&T Services Act states "no such variation shall operate to worsen the scales of pay and conditons of service". It follows that 'benchmarking' ought to be applied at Civil Service rates to the Worker's pay scale.
2. The Department of Social and Family Affairs applies a D class PRSI stamp to the Worker's pay slip, which only relates to Civil and Public Servants. This also confirms his continuing status as a Civil Servant.
COMPANY'S ARGUMENTS:
4. 1. The status of 'Civil Servant' was terminated on behalf of employees of Telecom Eireann on 1st January 1984 which is known as Vesting Day and this information was circulated to all staff at the time.
2. Entittlement to Benchmarking as a Civil Servant, former Civil Servant or a member of the Public Service is not a 'condition of service' under the P&T Services Act 1983. Accordingly, the Worker's application has no basis in law.
RECOMMENDATION:
The Claimant in this case made a number of claims by which he sought clarification of certain aspects of his employment status with Eircom. The matters raised are outside the competence of the Court. However, the employer undertook to meet with the Claimant and explain the position in relation to these matters.
The only matter raised by the Claimant which is within the jurisdiction of the Court is his claim for inclusion in the public service benchmarking process. That process is now completed and cannot be reopened. In any event the Court is satisfied that the claim is misconceived on its merits as the Claimant is not in a category to which the scheme of public service benchmarking applied. Accordingly, the Court does not recommend concession of this claim.
Signed on behalf of the Labour Court
Kevin Duffy
13th August, 2008______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.