FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IRISH BLOOD TRANSFUSION SERVICE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Appeal of Recommendation of a Rights Commissioner R-072328-Ir-8/Tb
BACKGROUND:
2. The case before the Court arises from the appeal of a Rights Commissioner's Recommendation by the Union on behalf of its member. The worker has been employed by the Board in a permanent capacity since March 2002. In 2003 the worker sought a pay increase. The Board instigated an independent job assessment. The assessor found that the worker should be at Grade IV level in relation to clerical and executive posts within the health services. The Union argues that Grade IV staff in the Board work 35 hours per week but currently the worker concerned works 37.5 hours per week.
The matter was referred to a Rights Commissioner for investigation and recommendation. On 1st May, 2009 the Rights Commissioner issued his recommendation as follows:
"The claimant did benefit considerably from the upgrade and did sign a post evaluation document accepting that his hours of work would continue at 37.5 per week. In all the circumstances of the case I believe that the claimant has been fairly treated and I do not recommend in his favour."
On the 9th June, 2009 the Union appealed the Rights Commissioner's recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A labour Court hearing took place on the 18th September, 2009.
UNION'S ARGUMENTS:
3. 1 The worker signed a new contract of employment in good faith believing that he had received the full benefit of the independent job evaluation including pay, annual leave and hours of work. The Union are seeking a 35 hour working week for its member in line with what all Grade IV staff are required to work in the Board.
2 The Board have adjusted other terms and conditions of employment bar the working week to bring the worker in line with Grade IV.
COMPANY'S ARGUMENTS:
4. 1 The worker was contracted to work 37.5 hours originally. When his terms and conditions were amended in 2004, it was confirmed in writing that the worker's hours would not be adjusted.
2 This is a cost increasing claim and as such is prohibited by the terms of the national wage agreements.
DECISION:
Having considered the submissions of the parties the Court is satisfied that in being assimilated to Grade IV the Claimant did not automatically become entitled to a reduction in working hours.
Accordingly the Court is satisfied that the conclusion reached by the Rights Commissioner is correct and his recommendation should be upheld.
Accordingly the recommendation of the Rights Commissioner is a affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
9th October, 2009______________________
DNChairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.