FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CADBURY (IRL) LIMITED - AND - A WORKER (REPRESENTED BY UNITE) DIVISION : Chairman: Mr McGee Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Appeal of Rights Commissioner's Recommendation R-067706-Ir-08/JW
BACKGROUND:
2. The Company operates a 2-grade system - Grade D and Grade G - with Grade G being the higher paid. The worker has been employed for 30 years and is currently graded at Grade D, a position to which she was appointed on the 17th September, 2007. Approximately seven months after she was appointed she applied for another Grade D job which also has an element of Grade G, thus giving a higher rate of pay. She was unsuccessful in her application, the reason being that the Company/Union agreement states that a worker must be 12 months in a position before applying for another one.
The worker referred her case to a Rights Commissioner and his recommendation was as follows:
"According to the In-House Joint Grading Committee, the grade of the shop assistant is grade D. The agreement regarding the filling of vacancies is quite clear. It states "an employee must wait 12 months before applying for a job of the same grade or shift and 6 months before applying for a higher grade or different shift".
The job advertised is not a Grade G job. Although an element of a Grade G payment is made every 6 weeks in recognition of flexibility and some element of a Grade G is involved, this does not make it a higher grade.
I recommend that the complaint brought by the claimant fails as the position advertised is not a higher grade. Therefore, the 12 month rule applies".
The worker appealed the recommendation to the Labour Court on the 18th February, 2009, in accordance with Section 13(9) of the Industrial Relation Act, 1969. A Labour Court hearing took place on the 5th May, 2009.
UNION'S ARGUMENTS:
3. 1. The worker believes that the position she applied for is, in effect, Grade G and as such she was entitled to apply for it as she was 7 months in the job. The Company Union states that a worker must be 6 months in a position before applying for a higher position.
COMPANY'S ARGUMENTS:
4. 1. The Company/Union is quite explicit as regards the timeframe for applying for another position. The post the worker applied for is another Grade D and the Agreement requires that she wait 12 months before applying for such a grade.
DECISION:
Having considered the submissions of the parties, the Court decides that the Rights Commissioner's recommendation was correct in all the circumstances and should be upheld.
Signed on behalf of the Labour Court
Raymond McGee
11th May, 2009______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.