FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AN POST - AND - CWU DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Responsibility Payment
BACKGROUND:
2. This case concerns a dispute between An Post and the Communication Workers Union (CWU) in relation to a claim for additional payment as a result of extra responsibilities taken on by a worker as part of his duties.
The Union's position is that the worker carried out additional duties and is seeking the Patrolpersons and Postal Sorters rates of pay as well as an allowance agreed as part of the Revised Work Practice Change Agreement concluded in 2007.
Management contend that as the worker is employed as a cleaner, the 2007 Agreement does not apply to him. Management has, however, accepted the additional duties that were carried out on a temporary basis and has offered the worker €1000 as a result.
The dispute was not 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 matter was referred to the Labour Court on 16th February, 2009 in accordance with Section 26(1) of the Industrial Relations, Act 1990. A Labour Court hearing took place 13th March, 2009.
The following is the Court's Recommendation:
RECOMMENDATION:
The matter before the Court concerns the Union’s claim on behalf of a worker employed as a Cleaner, for additional payments due to the level of responsibilities undertaken as part of his normal duties. The Union sought payment of Patrolpersons and Postal Sorters rates of pay for certain duties undertaken at particular times during the day; it also sought payment of an allowance agreed as part of the Revised Work Practice Change Agreement concluded in 2007, which may apply where a worker is required to perform other Postal Operatives’ duties.
While Management disputed that the worker was carrying out work appropriate to Patrolperson or to Postal Sorter grades, it did however, accept that exceptional circumstances of a temporary nature had existed in the Depot and consequently in an effort to resolve the issue it made him an offer of €1000 for the flexibility given by him, during this time. It maintained that as he is employed as a Cleaner, it is not anticipated that his role will be encompassed by the 2007 agreement.
Having given careful consideration to the oral and written submissions made by both parties, the Court recommends that Management’s offer should be increased to €3000 and paid in full and final settlement of his claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th May 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.