DEC-E2010-016 - Full Case Report

EQUALITY OFFICER'S DECISION NO: DEC-E/2010/016

PARTIES

29 NAMED COMPLAINANTS
(REPRESENTED BY THE CIVIL AND PUBLIC SERVICE UNION)

AND

THE COURTS SERVICE
(REPRESENTED BY CLÍONA KIMBER BL INSTRUCTED BY
MCCANN FITZGERALD - SOLICITORS)

File No: EE/2003/278-302

Date of issue 16 February, 2010

Headnotes: Employment Equality Act, 1998 - sections 7 and 19 - equal pay - like work - work of equal value.

1. DISPUTE

This dispute involves a claim by twenty-nine named complainants (See Appendix A) that they perform "like work" in terms of section 7(1)(c) of the Employment Equality Act, 1998 with three named female comparators (See Appendix B) and are therefore entitled to the same rate of remuneration as paid by the respondent to those comparators in accordance with section 19 of that Act.

2. BACKGROUND

2.1 The complainants are employed by the respondent as Court Messengers at various locations (Courthouses) throughout the country. The named comparators are engaged as Staff Officers at similar locations. The complainants' union referred complaints on their behalf to the Equality Tribunal on 8 August, 2003 contending that they performed "like work" with the three named comparators in terms of section 7(1)(c) of the Employment Equality Act, 1998 and consequently they were entitled to the same rate of remuneration as paid by the respondent to those comparators in accordance with section 19 of that Act. The complaints were referred on the gender ground. In accordance with her powers under the Act the Director delegated the complaints to Vivian Jackson, Equality Officer, for investigation and decision and for the exercise of other relevant functions under Part VII of the Act. A Preliminary Hearing on the complaints took place on 10 March, 2005 at which the respondent disputed the existence of "like work" between the complainants and comparators and notwithstanding this submitted that there were grounds other than gender which render the rates of remuneration paid to the complainants and comparators lawful in accordance with section 19(5) of the Act. The Equality Officer decided to investigate that issue as a preliminary matter in accordance with section 79(3) of the Act and his Decision, in which he held that the rates of remuneration paid to the parties was objectively justified in accordance with section 19(4) of the Act, issued on 7 February, 2007.

2.2 The complainants' union appealed this Decision to the Labour Court in accordance with section 83 of the Act and the appeal came for Hearing before the Court on 30 October, 2007. The Court found, based on the documentation submitted to it by the parties, that there was considerable overlap on certain crucial points between the arguments relating to the existence or absence of objective justification for the impugned disparity in pay and those relating to the existence or absence of like work. It added that the issues relating to objective justification could not satisfactorily be segregated from the overall factual matrix in which the claim of discrimination could be determined. In the circumstances and having regard to the fact the parties indicated to the Court that they wished to have the question of "like work" determined at first instance before an appeal to the Court proceeded, the Court remitted the matter to the Equality Tribunal for a determination on the question of "like work" between the complainants and comparators .

2.3 In accordance with her powers under the Acts the Director delegated the complaints to Mr. Vivian Jackson, Equality Officer, for investigation and decision and for the exercise of other relevant functions under Part VII of the Act. My investigation of the complaints commenced on 11 February, 2008, the date they were delegated to me. A Preliminary Hearing on the complaints took place on 3 March, 2008. The parties agreed a representative example of nine complainants to be subjected to work inspection for the purposes of the complaints. All three comparators were to undergo a work inspection. Subsequently only six of the selected complainants were subject to work inspection due to unavailability at the relevant time and the complainant's union agreed to proceed on that basis. For the purposes of the investigation the parties agreed that (i) the complainants performed like work with each other in terms of the Acts and (ii) the comparators performed like work with each other in terms of the Acts. A Final Hearing took place on 29 April, 2009.

3. CONCLUSIONS OF EQUALITY OFFICER

3.1 The issue for decision by me is whether or not each of the complainants perform "like work" with the comparators in terms of section 7(1)(c) of the Employment Equality Act, 1998 and are therefore entitled to the same rate of remuneration as paid by the respondent to those comparators in accordance with section 19 of the Acts. In reaching my decision on this matter I have taken into consideration all of the submissions, oral and written, made to me by the parties as well as the information furnished by the complainants and comparators in the course of the work inspections.

3.2 Section 7(1)(c) of the Act defines "like work" as follows -
"the work performed by one is equal in value to the work performed by the other, having regard to such matters as skill, physical or mental requirements, responsibility and working conditions."

Appendix D sets out my job descriptions in respect of the posts of the complainants and comparators who were subject to work inspections. Appendices E and F set out my analysis of the comparators' and complainants' jobs respectively across the five factors provided in section 7(1)(c). Taking into account the overall demands of the respective posts across the five factors prescribed at section 7(1)(c) of the Employment Equality Act (as set out at Appendix G), I find that the none of the complainants are engaged on "like work" with the named comparators in terms of section 7(1)(c) of the Act and the complainants are not therefore entitled to the same rate of remuneration as that paid by the respondent to those comparators.

4. DECISION OF THE EQUALITY OFFICER

I find that each of the complainants are not engaged on "like work" with the named comparators in terms of section 7(1)(c) of the Employment Equality Act, 1998 and they are therefore not entitled to the same rate of remuneration as paid to those comparators by the respondent in accordance with section 19 of the Acts.

_______________________________________
Vivian Jackson
Equality Officer
16 February, 2010

APPENDIX A

LIST OF COMPLAINANTS

Maurice Ahearne Clonmel Circuit Court
Desmond Amond Carlow Circuit Court
John Bredin Carrick-on-Shannon Circuit Court
Eamon Cleary Waterford Circuit Court
Paul Comiskey Cavan Circuit Court
Seamus Dennison Sligo Circuit Court
Ulick Devane Tralee Circuit Court
Patrick Dunne Portlaoise Circuit Court
Willie Evans Castlebar Circuit Court
James Fitzgerald Dundalk Circuit Court
Peter Fitzgerald Limerick Circuit Court
Gerard Foley Galway Circuit Court
Michael Gillespie Tullamore Circuit Court
Denis Halpin Clonmel Circuit Court
Michael Hanrahan Kilkenny Circuit Court
Michael Holman Wexford Circuit Court
John Hurson Longford Circuit Court
Declan Kelly Mullingar Circuit Court
Liam Kitt Ennis Circuit Court (From 16 May, 2005)
Aidan McCarron Letterkenny Circuit Court
Patrick McCarron Monaghan Circuit Court
Donal McDermott Sligo Circuit Court
John Madden Limerick Circuit Court (From 16 May, 2005)
Michael Melia Kilkenny Circuit Court (From 16 May, 2005)
Donie Morgan Tralee Circuit Court
Martin Mulhern Letterkenny Circuit Court
Hugh Noone Naas Circuit Court
Roger Quirke Clonmel Circuit Court (From 13 October, 2008)
Tomas Tancred Wicklow Circuit Court

APPENDIX B

LIST OF COMPARATORS

Nuala Keane Staff Officer Naas Courthouse
Sylivia Keenan Staff Officer Dundalk Courthouse
Particia Ryan Staff Officer Tralee Courthouse

APPENDIX C

RATES OF REMUNERATION OF
COMPLAINANTS AND COMPARATORS

(AS AT 1 SEPTEMBER, 2008)

Court Messenger (weekly)

€458.68
€503.17
€547.67
€592.20
€636.65 Max
€660.80 LSI 1
€686.36 LSI 2

Staff Officer

€34,941
€36,466
€37,839
€39,075
€40,317
€41,566
€42,821
€44,025 Max
€45,168 LSI 1
€46,655 LSI 2

APPENDIX D

EQUALITY OFFICER'S JOB DESCRIPTIONS
IN RESPECT OF COMPLAINANTS AND COMPARATORS ON FOOT
OF WORK INSPECTIONS

Job Holder: Patricia Ryan. Job Title: Staff Officer, Circuit Court Office, Tralee Reports to: Chief Clerk (1st Line Manager) - County Registrar (2nd Line Manager) No. of Staff: 1 Clerical Officer on a part-time basis Rate of Pay Maximum of Staff Officer Incremental Scale. Hours in excess of normal attendance attract overtime at agreed rates. Hours of Work: 9:15am - 5:30pm Monday- Thursday, 9:15am-5:15pm Friday Processing of Probate Applications The comparator opens the post received in the Office every morning. She performs this task in the presence of another staff member (usually the Clerical Officer) in accordance with the office protocol on probity of the process. She ensures that all of the documents listed on the covering letter are enclosed and that the appropriate fee is remitted. If a document is omitted or the fee remitted is incorrect she will contact the solicitor by telephone immediately and request the necessary document(s) etc. If the comparator is satisfied that the correct fee has been remitted she records the payment in an Excel Spreadsheet in the office, brings the remittance to the District Court Office and receives a fee sheet with the appropriate amount stamped on it - which is attached to the documents. She then records the application on the Probate Database - the electronic record system for all probate processing in the country. The next part of the process is to assess the documents. This involves checking the details of the probate application to make sure that correct person is making the application and ensuring that the will is properly executed. Attention to detail is essential as court action could ensue if an error is made. If the comparator has any doubt about the application, in particular the execution of the will, all of the documents are returned to the applicant with a query letter - which is generated from the probate system - and the database is updated with these details so that it reflects the current status of the application. Once she is satisfied that the application is in order she confirms this on the Database and the entry is given an electronic record number. This record is live - that is it is accessible by staff in any probate office in the country - after this part of the process. The comparator must ensure that the application is correct. She does so by entering details of the probate into the system - name of deceased, date of death etc. The system will then produce a dropdown list of persons matching the search details and the comparator selects the correct record. She must check that there is no caveat, prior grant or expressed interest in the estate which will impede the processing of the application. The comparator must be aware of the consequences of each of these three restrictions on the processing of the application and act accordingly. If there is no barrier to processing the application the comparator completes the necessary details on the database and the details are sent electronically to the Probate Office in Dublin. The Probate Office will either clear or reject the application and advise the comparator electronically of same. If the application is rejected the comparator writes to the applicant or the legal representative raising the query and faxes a copy of same to the Probate Office on receipt. If the Probate Office clears the application the grant must be paid within 24 hours, in accordance with the respondents Best Practice Directive and the comparator prepares the Grant Document for signature by the County Registrar. The Database produces this document electronically from the information previously entered and the comparator must insert the date of issue. The Grant Document is signed by the Registrar and the complainant ensures it is posted to the applicant. The comparator then updates the Database to reflect that the grant has issued. The Office processes approximately 600 grant applications annually.
Handling Personal Applicants The comparator also provides assistance to personal applicants for probate - normally the deceased person's next of kin. In effect she replaces the role of a solicitor as regard the applicant. This involves a number of interviews/discussions with the applicant -either over the phone or face to face. She does not provide legal advice but merely explains the obligations/requirements of the applicant and assists in the preparation of the necessary documents, including preparation of a Schedule of Assets and the acquisition of the associated High Court Order. If any contentious legal issue arises she will inform the applicant to acquire personal legal advice. The comparator also performs the functions outlined above in respect of the application. There are approximately 20 such applicants a year.
Handling Postal and Personal Queries Postal queries are sorted when the post is opened each morning and placed in a tray. The queries are handled from start to finish by either the comparator or the Clerical Officer. The comparator ensures that the appropriate fee is remitted with the query and organises a fee sheet for that amount in the District Court Office as outlined above. The fee amount is entered on an Excel Spreadsheet in her Office. The customer is contacted if the fee is incorrect. All queries are entered on the Office computer system. The comparator enters details of the deceased (who is the subject of the request) on the Probate Database and gets the record/file reference for the dealing. She physically retrieves the file from the storeroom, photocopies the appropriate record and posts it to the customer. If the record required is a certified copy the comparator must arrange for the document to be signed by the Probate Registrar before issuing it. The comparator is responsible for ensuring that the time limits set out in the respondent's Best Practice Directive are observed. She does so by ensuring her own work is completed on time and keeping an eye on the Clerical Officer. Personal callers to the Office are dealt with immediately by whoever is available. The comparator deals, on average, with a maximum of 10 queries per day. At least one personal caller a week is in an emotional state and the comparator assists the person as best she can - using the interpersonal skills she has acquired over the years to set the customers at ease. Statistical Returns The complainant is responsible for maintaining records of activity in the Office under the number of headings - applications received, accepted, rejected, processed etc. She is required to complete these statistics at local level and for the Circuit and District Court Directorate. Some of the statistics are generated by the Database and others are calculated from a manual record maintained by the comparator. The details are transferred onto a prescribed computer template and are submitted by the comparator, as necessary, to the appropriate location. Depending on who requires the statistics they are prepared on a monthly/quarterly basis by the comparator. Preparation and Transmission of Testamentaries to the National Archives. Records are retained in the Courthouse Strongroom for 20 years. At the end of this period they are transferred to the National Archives as they are public documents. The comparator receives a list of files from the National Archives setting out the files required and indicating the record number which each file has been assigned for archival purposes. The comparator first checks the list provided by the National Archives against the records in the Courthouse to ensure they match. If a file is missing she must initiate a search of the area and the Offices in the area. Once the files are located they must be cleaned and labelled with the reference number as instructed by the National Archives. The comparator must order an appropriate number of heavy cardboard boxes from the National archives for transmission of the files. These boxes arrive flat and must be physically made up. The files are placed in the boxes in numerical order and the contents are marked on the outside of the box. The comparator must acquire an internal order reference number from the respondent's Regional Office and arrange a courier for transporting the boxes(files) to the National Archives. The comparator must advise the National Archive if there is a record on its list that is not located in Tralee. Whilst the comparator is assisted in these duties by the Clerical Officer she has overall responsibility for the process. The work is carried out on overtime. Taxation of Costs The comparator has responsibility for dealing with Taxation of Costs. On receipt of a request from a solicitor to issue a Summons to Tax she retrieves the appropriate file - either from the file reference provided by the solicitor or by tracing the reference through the Circuit Court Database. She must ensure that the Order to Tax is on file. If not the requisition is returned to the solicitor. If all is in order the solicitor will furnish a Summons to Tax to the comparator. The comparator is advised by the Registrar of the date and time for completion of the Summons. Once the Summons has been signed by the Registrar the comparator returns it to the solicitor with a standard letter seeking the appropriate level of duty (as instructed by the Registrar). On receipt of the necessary amount of duty the comparator arranges for a fee sheet and stamping (see above) and prepares a Certificate of Taxation from a dropdown list on the computer system. The Certificate is signed and sealed by the Registrar and the comparator issues it to the solicitor - updating the Database in the process. This task was assigned to the complainant for the first time in early 2008. Training of Staff The comparator trains staff in the area as necessary - mostly by mentoring. She has trained 3 members of staff - an Executive Officer and 2 Clerical Officer - the last in October, 2007. It has been her practice to advise the Chief Clerk of her opinion as to when staff are ready to work in the area without supervision. Circuit Court Duties The comparator provides cover at the Circuit Court Public counter at lunch time on average twice a week. She deals with queries on a wide range of court related topics during this time both on the telephone and from personal callers.
General The comparator must have a good working knowledge of Probate Practices and Procedures, the Succession Act, 1965, the Status of Children Act, 1987 and the various family law statutes. She must also be aware of the appropriate schedule of fees applying to probate issues at any given time. She updates her knowledge of these statutes etc by self learning, reference to the statutes and other relevant books/publications. In the event she has a query she will discuss the matter with the County Registrar and/or the Chief Clerk. In addition, the Probate Office alerts staff of relevant changes through e-mails etc. The comparator is responsible for maintaining an Excel Spreadsheet for all of the money received in the Office. This document is subject to check from the Registrar and the respondent's audit section. In addition the comparator retains all of the fee sheets (see above) in a file for record purposes. The comparator gave a lecture to members of the Law Society on issues concerning probate in the summer of 2007.
Job Holder: Sylvia Keenan Job Title: Staff Officer, Circuit Court Office, Dundalk Reports to: Chief Clerk (1st Line Manager) - County Registrar (2nd Line Manager) No. of Staff: None Rate of Pay Point 8 of Staff Officer Incremental Scale. Hours in excess of normal attendance attract overtime at agreed rates. Hours of Work: 9:15am - 5:30pm Monday- Thursday, 9:15am-5:15pm Friday. The comparator works on a job-sharing basis on a split week attendance pattern.
High Court on Circuit
The comparator states that the High Court goes on circuit in Dundalk twice a year - normally February and October. Each sitting can take a number of days. During periods when the Court is not sitting the complaint is responsible for checking all of the documentation (appeals) which arrive in the Office. She must ensure that the appeal is in time (if necessary by checking the relevant Circuit Court lists), that it is properly signed and accompanied by the appropriate documents and fees. If there are any gaps in the documentation the complainant must make contact with the solicitor (by telephone or in writing depending on the nature of her query). She then enters receipt of the documentation (appeal) on the Computerised Case Management System - ensuring she records the necessary information. This is done by keying in the existing reference number on the case from the Circuit Court. In due course the comparator is responsible for inserting the outcome of the appeal on the Case Management System.

Between two/three weeks before the High Court is due to sit the comparator prepares the list for the Court Sitting. New/adjourned cases are added and cases which were dealt with from previous sittings are removed. She must also enter a short abbreviated outline of the appeal. This list is then sent via e-mail to the High Court Offices in Dublin. The comparator and the County Registrar liaise in estimating how many judges might be required to deal with the list and this is also communicated to the High Court Offices in Dublin.

The comparator then commences preparation of a new list for the Court Sitting - the list which will be circulated to solicitors etc. and published. She creates a new Word document on the computerised system and cuts/pastes the information from the original list into it. This new List must be checked and amended to remove any distinguishing feature to the parties in respect of family law cases. In addition the summary of the cases must be removed. The comparator passes the List on to the Executive Officer for approval. Once the list is approved the comparator uploads the List to the respondent website using a series of prompts from the computerised system. In addition she is responsible for e-mailing the List to the relevant Solicitors. Lay litigants receive a hard copy of the list via post.

The comparator estimates that half of the parties at each sitting are lay litigants. This results in an influx of queries from them once the List (including Callover Lists) is issued - involving phone calls or visits to the Court. The comparator must deal with these queries in a sensitive manner - this is more difficult in respect of personal callers who are emotionally charged. She explains the result of the Circuit Court judgement and talks through the process with the person. This is a regular occurrence. The comparator also assists personal callers who wish to lodge appeals in the same manner.

Callover Lists The comparator is involved for preparation of the List for Callover. This involves preparation of a further document in Word using the other Lists (above) as a base. The comparator must ensure that all cases are included on the Callover List - this can run to around 600 cases. The Callover List is called between three-six times per year. The comparator prepares the List and passes it to the County Registrar for approval. She carries out any amendments necessary and the County Registrar decides the date for Callover. The list is cleared by the Executive Officer and the comparator uploads it to the respondent's website using a series of prompts from the computerised system. The comparator is also responsible for e-mailing the List to the appropriate Judges as well as the relevant solicitors. Lay litigants are advised by hard copy in the post, although given the volume of same this task is supported by Clerical Officers.

Issuing Civil Bills The comparator checks Civil Bills (which are received in the Office on a daily basis and therefore she performs this task on a daily basis) to ensure that they are correct - that they are completed fully, have been lodged in the correct jurisdiction and within time and are accompanied by the correct fees. If there is a gap in any of the above the comparator will make contact with the solicitor - usually by phone but if the issue is larger, she will communicate in writing. If necessary she will return the documentation to the solicitor for amendment and resubmission.

The comparator then creates a record for the Bill on the respondent's Case Management System (CMS) - entering all the details required, including the current status on the matter and opens a physical file for the matter. The status of the Bill is updated on the CMS each time any activity on the matter takes place. Once the comparator is satisfied that the Bill is in order she arranges to have it signed by the County Registry and his/her signature is sealed. The comparator then returns the Bill to the relevant solicitor by post - using a template letter generated by the CMS. The status of the Bill is updated and a copy of the letter placed on the file. There are timelimit guidelines in operation for issuing Civil Bills and unless there are problems the timeframe for receipt by the comparator to issue is 3/4 working days.

Sheriff Accounts The comparator is responsible for reconciling the Sheriff's Account for submission to the respondent each month. The reconciliation must be completed before the 15th of each month. Responsibility for lodgement of money received in the Sheriff's Office rests with the Clerical Officer. The comparator must reconcile the bank statements against the receipt books and cheque books in the Office. Queries are raised with the Clerical Officer or chief clerk as necessary.

The comparator is responsible for lodgement of monies received in Court or at the counter in respect of matters other than those connected with the Sheriff's Office. The comparator is also responsible for issuing the necessary receipt for these monies.

The comparator is also responsible for the Office Petty Cash - which holds an imprest of €250. She must ensure that expenses are vouched for and reconcile the account at the end of each month. She prepares the account and seeks reimbursement of the appropriate amount following certification of same by the County Registrar.

Acts as County Registrar. The comparator acts as County Registrar (as necessary) when there are civil, family, criminal and County Registrar sittings. Her tasks vary depending on the type of sitting, but include swearing in of witnesses, recording details on cases at callover and taking down the outcome of judgements in family law cases. In this latter situation it is extremely important to record the judgment verbatim as it constitutes the official Court Record. The comparator states that she acts as County Registrar on a regular basis - in 2008 she acted in that capacity on sixty-eight occasions.
Responsibility for Jury selection The comparator has responsibility for dealing with the selection of juries. The selection of potential jurors is done electronically by the computerised Database and the system also prints the summons. The comparator (with the assistance of other clerical staff) places the summons and other documentation in envelopes and posts them. The comparator is thereafter responsible for handling the queries which the process generates and issuing letter of excusal, having been satisfied that the juror in question produced the necessary evidence for excusal. She states that she performs this task around six times a year - however in 2008 she conducted nine jury processes where between 250-300 jurors were summonsed each time.

The comparator attends court on the day juries are to be appointed. She acts as Registrar on those occasions ensuing that the person called by the drawing of lots is that person and handling objections etc. to potential jurors by the relevant legal representatives.
Public Counter Duties The comparator deals with public counter queries on a daily basis. Whilst they would cover the full range of issues provided by the respondent she states that the majority of them relate to land registry and family law matters. The complainant estimates that she handles 10 such queries a day. She states that she also handles a similar number of telephone queries. Although she has never been assaulted or threatened in the course of her duties she has had to deal with emotional and difficult personal callers - the latter mainly because of alcohol. In those circumstances she seeks to calm them down .

General The comparator must have a good working knowledge of Court Practices and Procedures. She must also be aware of the appropriate schedule of fees applying at any given time. In the event she has a query she will discuss the matter with the County Registrar and/or the Chief Clerk.


Job Holder: Nuala Kane Job Title: Staff Officer, Circuit Court Office, Naas Reports to: Chief Clerk
No. of Staff: None Rate of Pay Point 9 of Staff Officer Incremental Scale. Hours in excess of normal attendance attract overtime at agreed rates. Hours of Work: 9:15am - 5:30pm Monday- Thursday, 9:15am-5:15pm Friday.
Processing Documents for Court
The comparator is responsible for checking all papers in respect of Civil and Family Law Cases. She must ensure that the necessary details - date, parties, fees, notice of defence are included. If not she will either contact the solicitor (by phone) or return them. She then enters the details on the Case Management System (CMS) detailing the documentation received. She inserts the Court date on the documentation and enters the details on the relevant Court List. She return a copy of the documents to the solicitor using a standard letter generated by the CMS. The comparator then places all of the papers on the file (if none exists a new file must be opened using the automated Record Number assigned from the CMS) and places the file in the designated area for the Court Sitting. The comparator performs this task on a daily basis but the daily numbers increase the closer to the Court date - she estimates that she handles 60-70 cases per month. None of these files are checked by another colleague and she is responsible for the accuracy of the details. If the file is not correct the Court (Judge) will refuse to deal with the case on the day with resultant cost implications for the parties.

Marking Judgement Sets. The comparator is responsible for marking judgement sets against a debtor. The comparator must ensure that the necessary documents are in order - details contained on the Civil Bill are correct, that no appearance/defence has been entered by the other party, that the amount of the debt is correct, that the stamp duty is correct, that the relevant timelimits have been adhered to and the necessary affidavits are submitted. If there are any problems with the documents the comparator contacts the solicitor by telephone (if the problem is more serious the comparator returns the documents to the solicitor using a template letter from the CMS). The comparator enters the documents on the CMS and places them on the appropriate file - opening a new file if necessary. If the documentation is in order the comparator passes them on to the County Registrar for signature and execution. The comparator then returns the signed documents to the relevant solicitor using a standard template letter form the CMS. The comparator states that she processes around 500 judgement sets annually.

Operating General Cash Account The comparator is responsible for overseeing (on a daily basis) the General Cash Accounts operated in the Circuit Court Offices. Solicitors lodge cheques in Court for amounts which they anticipate a claim will settle for. The comparator enters the details of all such monies in the General Ledger as soon as possible. The comparator prepares an individual lodgement slip for the monies and lodges it to the respondent's General Cash Account as necessary. She prepares duplicates receipts for the monies and places one on the file. The other is returned to the relevant solicitor along with a copy of the lodgement slip. The comparator monitors the General Cash Account on a daily basis and when funds have cleared she opens a deposit account for that transaction (in the name of the case) in the Building Society. The monies are transferred by way of cheque - prepared by the comparator - and signed by the County Registrar. The comparator updates the Office records as necessary. The monies remain on deposit until the matter is resolved, when the comparator instructs the Building Society to close the account down. The amount on deposit is returned to the comparator and lodged back into the General Cash Account. The comparator prepares cheques (as necessary) for the plaintiff (in the amount of settlement) and the defendant (in the amount of interest accrued) which are signed by the County Registrar. The comparator sends the cheques to the parties with a letter prepared from the CMS and updates the file and other internal records accordingly.

The comparator is also responsible for reconciliation of the General Cash Account. Bank Statements are received on a twice monthly basis and the comparator reconciles the statements with the internal Ledger and other records. If there is a problem she must follow the matter up (generally by telephone) with the Bank. If there are problems the comparator will liaise, in the first instance with the Chief Clerk. The reconciled statements provide the basis for the quarterly Returns to the respondent's Finance Directorate, which the comparator prepares for signature by the County Registrar.

Processing of Bail Monies The comparator is responsible for processing all bail monies received. The process operated in recording and lodgement of bail monies is similar to that outlined above. Once an order has been made to refund bail monies the comparator must refund same within two weeks of the Order. She must also ensure that the monies are paid to those persons who lodged the bail and signed the recognisance. Refunds are made by way of cheque prepared by the comparator and signed by the County Registrar. The comparator is responsible for updating the file and other internal records on completion of the process. The General Cash Account is subject to audit by the respondent's Internal Audit Unit on a regular basis - the last such audit was 2007. The comparator states that this element of her job takes place after criminal court sittings and she can handle around sixty bail applications/refunds on each occasion. Issue Property and Pension Adjustment Orders The comparator is responsible for processing all property and pension adjustment orders made under family legislation. In the case of property adjustment orders she must ensure that the parties details and the folio details contained on the Order are correct by checking them against internal records. If there are any problems with the details the comparator must contact the relevant solicitor seeking clarification. Once the documents are in order the comparator passes them to the County Registrar for signature. The comparator forwards the signed documentation to the Land Registry/Registry of Deeds as appropriate for execution using a template letter form the CMS. The comparator updates the files and other internal records as necessary. The comparator completes a similar process as regards pension adjustment orders except it is the Trustees of the Pension who are involved. This work is linked to family law sittings and results in around twenty such Orders on each occasion.

Public Counter Duties The comparator deals with public counter queries on a daily basis. She estimates that she handles 10/15 such queries a day and covers the full range of issues provided by the respondent. She states that she also deals with around 20 telephone queries on a daily basis. Although she has never been assaulted or threatened in the course of her duties she has had to deal with emotional and difficult personal callers - the latter mainly because of alcohol. In those circumstances she seeks to calm them down .

General The comparator must have a good working knowledge of Court Practices and Procedures. he must also be aware of the appropriate schedule of fees applying at any given time. In the event she has a query she will discuss the matter with the County Registrar and/or the Chief Clerk.

The comparator issues processed licensing certificates to (i) Customs and Excise, (ii) the solicitors for the Licensee and the District Court Clerk . She estimates these total 20-25 per annum.

The comparator has assisted in the mentoring and on the job training of 2/3 staff during the period under review. This involves sitting with the staff in question and taking them through the processes and the CMS. It also involves being available to answer their queries as necessary.

Job Holder: Ulick Devane Job Title: Court Messenger, Tralee Reports to: Staff Officer, Sheriff's Officer (1st Line Manager) County Registrar (2nd Line Manager) No. of Staff: None Rate of Pay Point 6 of Court Messenger Incremental Scale. He does not generally receive overtime payments. Hours of Work: 9:15am - 5:30pm Monday - Friday, although the complainant may work after 5:30pm if particular circumstances require it. Execution of Court Orders. The complainant is assigned the original warrant for execution of a particular Court Order by the County Registrar. The complainant checks the details of the warrant and the Original Court Order with the Staff Officer. If there is an error/omission in the Order it is returned to the Registrar for amendment. The process does not alter regardless of the type of Order at issue. The complainant liaises with the Staff Officer as regards his work schedule/route for a particular period but the final decision on same rests with the complainant. Once a case has been assigned to him the complainant must make every effort to enforce the Order. The complainant has in excess of 100 cases on hand at any one time.

The complainant visits those persons on his route in the first instance. If the person is not there he leaves a note asking the person to contact him. This does not happen and he regularly has to return to the address on several more occasions before meeting with the person who is the subject of the Order. Sometimes it is difficult to locate the complainant will use local Gardaí, the Register of Electors, the telephone book, further details from the plaintiff's solicitor (the complainant makes direct contact with the solicitor in this situation) and discreet enquiries with neighbours, to learn more about the person's habits or place of work. On occasion he will be left with no option but to visit the person in his/her place of work. The complainant's initial contact with the person who is the subject of the Order is to explain the situation to the person and stress that imprisonment is not an immediate option once the person is prepared to cooperate. He stresses however, the seriousness of the situation and listens to what the person has to say - this is particularly important where there are possible domestic issues. Ultimately, his responsibility is to recover the amount on the Order and he has significant discretion is how this occurs. If the amount is large or the proposed period of repayment is long he will personally clear it with the plaintiff's solicitor. He also makes contact with the solicitor also if recovery of interest on the debt is at issue. The complainant does not have responsibility to waive interest and must obtain the necessary approval - in practice most solicitors waive the interest once recovery of the principal is ensured.

If the complainant forms the opinion that the person is unable to repay the debt and there are assets available for seizure, he will inform the plaintiff's solicitor who will identify the asset(s) for seizure and indemnify the county Registrar against wrongful seizure. This course of action is a last resort however and is a rare occurrence. If, after contacting the person who is the subject of the Order the complainant forms the view that there is no prospect of recovering the debt at all, he will return the Order to the Sheriff's Office advising that the Order is nulla bona setting out the reasons for this decision in writing. Approximately, 60% of Orders are returned nulla bona. The Orders are returned to the relevant solicitors by the Staff Officer.

Seizure of goods is not a regular occurrence - the decision to do so is made in consultation with the plaintiff's solicitor. Once the decision to seize is made the complainant is responsible for overseeing the process. He must make the necessary arrangements - labour, transport etc - for the seizure. He must make an inventory of all goods been seized at the time of seizure - if he is not 100% satisfied of the ownership of the goods he will not order seizure of them. He is also responsible for arranging storage of the goods in a secure location until disposal. He is also responsible for engaging a suitable qualified auctioneer to oversee disposal of the goods. This involves a significant amount of phone calls and correspondence. He has never involved bailiffs in this process but if he considered them necessary he would request the County Registrar to engage them.

The complainant issues temporary receipts for all payments he receives on foot of Orders. He remits these payments to the Staff Officer as soon as practicable. The Staff Officer is responsible for lodging the monies and for issuing an official receipt for the payment. The complainant reconciles his receipt book with the Staff Officer's records on a weekly basis.

The complainant must maintain a diary of his caseload. He is responsible for recording details of his work on a daily basis - keeping details of the outcome of any visits, amounts collected, mileage incurred and any relevant information to the case. This diary is subject to check by the Chief clerk and this occurs every two months or so. If there are particular problems with cases he will discuss them with the Staff Officer and the County Registrar. If any instructions are received from the County Registrar on how to proceed with a case he will follow them. The complainant must manage his caseload in a timely fashion. On receipt of an Order he checks the date on it as the Order must be enforced within a year of this date. In some instances solicitors may hold on to the Order for a considerable time - reducing the time available to him to enforce the Order.

Execution of Repossession Orders

The complainant receives the Possession Order and warrant in the same manner as outlined above. He checks what the arrears are and seeks in the first instance to resolve the matter rather than repossession. He does so on the basis of his knowledge that the financial institution's preferred option is to recover the arrears. He visits the person concerned outlining the situation and the consequences of failing to make good on the full amount of the arrears, stressing that the repayment must be made immediately. If the person is not in a position to repay the arrears within a short period (a few weeks) the complainant will inform the County Registrar of the situation and a date for repossession will be agreed between them. He informs the Staff Officer of the agreed date and the Staff Officer writes to the local Gardaí advising them of the repossession and seeking the presence of Gardaí on the day. The Gardaí will be aware if there is a possibility of violence on the day and whether or not there are firearms on the premises. The complainant notifies the plaintiff's solicitor, always in the presence of the Staff Officer, of the details for the repossession and requests the presence of a senior member of staff from the financial institution should some form of payment be offered on the day. The complainant also requests the plaintiff's solicitor to ensure the HSE and (in the event of an elderly person) appropriate medical assistance to be present on the day. The complainant will normally have had in excess of 10 visits with the person involved and is therefore in a position to make a judgement on the person's mental state and act accordingly. Repossession are rare - less than 3 per year.

Responsibility for Juries

The complainant had responsibility for dealing with the selection of juries between 2000-2006. Initially the process involved the random selection of persons from the Register of Electors and the hand writing summons to those involved. From 2002 the process was computerised. The persons when then selected at random by the Database and the system also printed the summons. The complainant matched the retuned summons to those on the database. This might sometimes involve a process of elimination as the signature was illegible. He was also responsible for issuing letters of excuse to people who were entitled to be excused from jury duty. These letters were generated from a drop down list on the Database and the records were updated. He was also responsible for issuing reminders to potential juries along the lines outlined above. Finally, he issued standard letters to attend to those persons who had responded and were eligible for selection as jurors. His final task was to ensure there was sufficient tea/coffee/biscuits available in the canteen at all times.

General

The complainant has never been assaulted but his job presents a high risk of same. He has received no formal training in negotiation techniques/skills but has received a one day course in listening skills. He must have a good working knowledge of the Court Officer's Act, 1926 and the relevant schedule of fees order. He must also have an overview of certain agricultural law (removal of livestock restrictions) as well as relevant social welfare and housing legislation. He is responsible for delivery of the necessary functions for the entire county of Kerry. The nature of the job involves working after normal office hours due to the fact that those who are the subject of Orders are not available until evening for personal reasons. A lot of time can be spent waiting around. On average the complainant spends around 2 hours a day in the Office. The complainant is required, on occasion, to deal with people whom he knows. He discharges his duties in the same manner in those circumstances.

Job Holder: James Fitzgerald Job Title: Court Messenger, Dundalk Reports to: County Registrar
No. of Staff: None Rate of Pay Point 7 of Court Messenger Incremental Scale. He does not generally receive overtime payments. Hours of Work: 9:15am - 5:30pm Monday - Friday although the complainant may work after 5:30pm if particular circumstances require it.
Execution of Court Orders. The complainant is assigned the original warrant for execution of a particular Court Order by the County Registrar and the Order is routed through the Clerical Officer. The complainant checks the details of the warrant and the Original Court Order. If there is an error/omission in the Order it is returned to the Clerical Officer for amendment by the County Registrar. The process does not alter regardless of the type of Order at issue. The complainant has a set daily route each week (which he inherited from his predecessor) and discharges his workload on that basis. Once a case has been assigned to him the complainant must make every effort to enforce the Order. The complainant has in excess of 10/15 cases on hand at any one time and handles between 250-300 cases each year.

The complainant makes every effort to ensure that visits those persons on his route in the first instance. If the person is not there he leaves a note asking the person to contact him. This does not happen and he regularly has to return to the address on several more occasions before meeting with the person who is the subject of the Order. Sometimes it is difficult to locate the complainant will use local Gardaí, the Register of Electors, the telephone book, further details from the plaintiff's solicitor (the complainant makes direct contact with the solicitor in this situation) and discreet enquiries with neighbours, to learn more about the person's habits or place of work. On occasion he will be left with no option but to visit the person in his/her place of work, but in doing so he attempts to be as discrete as possible. The complainant is generally alone while discharging his duties and has been threatened on a number of occasions.
The complainant's initial contact with the person who is the subject of the Order is to explain the situation to the person and stress that imprisonment is not an immediate option once the person is prepared to cooperate. He stresses however, the seriousness of the situation and listens to what the person has to say - this is particularly important where there are possible domestic issues. He will do what he can to assist the person obtain the appropriate advice and assistance. Ultimately, his responsibility is to recover the amount on the Order and he has significant discretion is how this occurs. If the proposed period of repayment is long he will personally clear it with the plaintiff's solicitor. He also makes contact with the solicitor also if recovery of interest on the debt is at issue. The complainant does not have responsibility to waive interest and must obtain the necessary approval - in practice most solicitors waive the interest once recovery of the principal is ensured. The Clerical Officer is responsible for calculating interest.

If the complainant forms the opinion that the person is unable to repay the debt and there are assets available for seizure, he will inform the plaintiff's solicitor who will identify the asset(s) for seizure and indemnify the County Registrar against wrongful seizure. This course of action is a last resort however and is a rare occurrence - about twice yearly. If, after contacting the person who is the subject of the Order the complainant forms the view that there is no prospect of recovering the debt at all, he will return the Order to the Sheriff's Office advising that the Order is nulla bona setting out the reasons for this decision in writing. Approximately, 35% of Orders are returned nulla bona. The Orders are returned to the relevant solicitor by the Clerical Officer.

Seizure of goods is not a regular occurrence - the decision to do so is made in consultation with the plaintiff's solicitor. The course of action is approved by the county registrar, on the complainant's recommendation. Once the decision to seize is made the complainant is responsible for overseeing the process. He must make the necessary arrangements - labour, transport etc - for the seizure. The complainant must 100% satisfied of the ownership of the goods he will not order seizure of them. He is also responsible for arranging storage of the goods in a secure location until disposal. He is also responsible for engaging a suitable qualified auctioneer to oversee disposal of the goods. This involves a significant amount of phone calls and correspondence. He has never involved bailiffs in this process but if he considered them necessary he would request the County Registrar to engage them.

The complainant issues temporary receipts for all payments he receives on foot of Orders. He remits these payments to the Clerical Officer generally at the end of each day. The Clerical Officer is responsible for lodging the monies and for issuing an official receipt for the payment. The complainant reconciles his receipt book with the Clerical Officer's records on a monthly basis.

The complainant must maintain a diary of his caseload. He is responsible for recording details of his work on a daily basis - keeping details of the outcome of any visits, amounts collected, mileage incurred and any relevant information to the case. This diary is subject to check by the County Registrar as necessary. If there are particular problems with cases he will discuss them with the Clerical Officer and the County Registrar. He updates the Clerical Officer of progress on cases on a daily basis (he attends the Office for an hour each morning and evening) so that the Clerical Officer can deal with queries on a file in his absence, if necessary. If any instructions are received from the County Registrar on how to proceed with a case he will follow them. The complainant must manage his caseload in a timely fashion. On receipt of an Order he checks the date on it as the Order must be enforced within a year of this date.

Execution of Repossession Orders

The complainant receives the Possession Order and warrant in the same manner as outlined above. He checks what the arrears are and seeks in the first instance to resolve the matter rather than repossession. He does so on the basis of his knowledge that the financial institution's preferred option is to recover the arrears. He visits the person concerned (between 3-5 times) outlining the situation and the consequences of failing to make good on the full amount of the arrears, stressing that the repayment must be made immediately. Nonetheless he must be assertive and if the person is not in a position to repay the arrears within a short period (a few weeks) the complainant will set a date for repossession. He informs the Clerical Officer of the agreed date and s/he writes to the local Gardaí advising them of the repossession and seeking the presence of Gardaí on the day. The complainant notifies the plaintiff's solicitor of the details for the repossession and requests the presence of a senior member of staff from the financial institution should some form of payment be offered on the day - only s/he can prevent the repossession from occurring. The complainant also requests the plaintiff's solicitor to ensure the HSE and (in the event of an elderly person) appropriate medical assistance to be present on the day. Finally he ensures a locksmith is in attendance to secure the premises after repossession. Repossession are rare - 3/4 per year. The complainant was also involved in repossession of land. This involves a similar process as above although he must walk the land in question with an official from the financial institution on the day to ensure it corresponds with the maps etc. attached to the Order.

General

The complainant has never been assaulted but his job presents a high risk of same. He has been threatened on a number of occasions and this was significant given he operates in the Border Area. He has received no formal training in negotiation techniques/skills He must have a good working knowledge of the Court Officer's Act, 1926 and the relevant schedule of fees order. He must also have an awareness of family, social welfare and housing legislation. He is responsible for delivery of the necessary functions for the entire county of Louth. The nature of the job involves working after normal office hours due to the fact that those who are the subject of Orders are not available until evening for personal reasons. A lot of time can be spent waiting around. On average the complainant spends around 2 hours a day in the Office - morning and afternoon. The complainant is required, on occasion, to deal with people whom he knows. He discharges his duties in the same manner in those circumstances.

The complainant was involved in the preparation and removal of files stored in the Courthouse. this involved physically removing and cleaning the files from the storage area then boxing and labelling them ready for collection. This has happened approximately 3/4 times since 2003.

The complainant is also required, as necessary, to assist the County Registrar in court, ensuring in particular that the relevant files are in court - this involved the complainant physically carrying those files to the court.

Job Holder: Declan Kelly Job Title: Court Messenger, Mullingar Reports to: County Registrar
No. of Staff: None Rate of Pay Point 7 of Court Messenger Incremental Scale. He does not generally receive overtime payments. Hours of Work: 9:15am - 5:30pm Monday - Friday although the complainant may work after 5:30pm if particular circumstances require it.

Execution of Court Orders. The complainant is assigned the original warrant for execution of a particular Court Order by the County Registrar and the Order is routed through the Clerical Officer. The complainant checks the details of the warrant and the Original Court Order. If there is an error/omission in the Order it is returned to the Clerical Officer for amendment by the County Registrar. The process does not alter regardless of the type of Order at issue. The complainant decides his own route and discharges his workload on that basis. Once a case has been assigned to him the complainant must make every effort to enforce the Order. The complainant has in excess of 130 cases on hand at any one time.

The complainant makes every effort to ensure that visits those persons on his route in the first instance. If the person is not there he leaves a standard note asking the person to contact him. This does not happen and he regularly has to return to the address on several more occasions before meeting with the person who is the subject of the Order. Sometimes it is difficult to locate the complainant will use local Gardaí, the Register of Electors, the telephone book, further details from the plaintiff's solicitor (the complainant makes direct contact with the solicitor in this situation) and discreet enquiries with neighbours, the local Post Office to learn more about the person's habits or place of work. On occasion he will be left with no option but to visit the person in his/her place of work, but in doing so he attempts to be as discrete as possible. The complainant is generally alone while discharging his duties and has been assaulted on a number of occasions - twice in the two years prior to the work inspection. .
The complainant's initial contact with the person who is the subject of the Order is to explain the situation to the person and stress that imprisonment is not an immediate option once the person is prepared to cooperate. He stresses however, the seriousness of the situation and listens to what the person has to say - this is particularly important where there are possible domestic issues. He will do what he can to assist the person obtain the appropriate advice and assistance. Ultimately, his responsibility is to recover the amount on the Order and he has significant discretion in how this occurs. If the proposed period of repayment is long he will personally clear it with the plaintiff's solicitor. He also makes contact with the solicitor also if recovery of interest on the debt is at issue. The complainant does not have responsibility to waive interest and must obtain the necessary approval - in practice most solicitors waive the interest once recovery of the principal is ensured. The Clerical Officer is generally responsible for calculating interest and fees.

If the complainant forms the opinion that the person is unable to repay the debt and there are assets available for seizure, he will inform the plaintiff's solicitor who will identify the asset(s) for seizure and indemnify the County Registrar against wrongful seizure. This course of action is a last resort however and is a rare occurrence - about twice yearly. If, after contacting the person who is the subject of the Order (a minimum of twice) the complainant forms the view that there is no prospect of recovering the debt at all, he will return the Order to the Sheriff's Office advising that the Order is nulla bona setting out the reasons for this decision in writing. Approximately, 50% of Orders are returned nulla bona. The Clerical Officer returns the Orders to the relevant solicitors although the complainant has done so on occasion using the drop down computerised list of letters on the Case Management System.

Seizure of goods is not a regular occurrence - the decision to do so is made in consultation with the plaintiff's solicitor. The course of action is approved by the county registrar, on the complainant's recommendation. Once the decision to seize is made the complainant is responsible for overseeing the process. He must make the necessary arrangements - labour, transport etc - for the seizure. The complainant must 100% satisfied of the ownership of the goods he will not order seizure of them. He is also responsible for arranging storage of the goods in a secure location until disposal. He is also responsible for engaging a suitable qualified auctioneer to oversee disposal of the goods. This involves a significant amount of phone calls and correspondence. He has never involved bailiffs in this process but if he considered them necessary he would request the County Registrar to engage them. He has not been involved in the seizure of goods in the three years prior to the work inspection.

The complainant issues temporary receipts for all payments he receives on foot of Orders. He remits these payments to the Clerical Officer generally at the end of each day. The Clerical Officer is responsible for lodging the monies and for issuing an official receipt for the payment. The complainant reconciles his receipt book with the Clerical Officer's records on a weekly basis.

The complainant must maintain a diary of his caseload. He is responsible for recording details of his work on a daily basis - keeping details of the outcome of any visits, amounts collected, mileage incurred and any relevant information to the case. This diary is subject to check by the County Registrar as necessary. If there are particular problems with cases he will discuss them with the Clerical Officer and the County Registrar. He updates the Clerical Officer of progress on cases on a daily basis (he attends the Office for an hour each morning and evening) so that the Clerical Officer can deal with queries on a file in his absence, if necessary. In addition, he has monthly meetings with the County Registrar to advise him/her of the status of cases. If any instructions are received from the County Registrar on how to proceed with a case he will follow them. The complainant must manage his caseload in a timely fashion. On receipt of an Order he checks the date on it as the Order must be enforced within a year of this date.

The complainant operates the respondent's recently introduced computerised Case Management System. The initial inputting of information from the Order onto the computerised CMS is generally carried out by the Clerical Officer. The complainant generally takes the full file with him whilst travelling (returning them at the end of the day) and handwrites updates on cases at the location. He transcribes this information onto the CMS when he returns to the office in the evening.

Execution of Repossession Orders

The complainant receives the Possession Order and warrant in the same manner as outlined above. He checks what the arrears are and seeks in the first instance to resolve the matter rather than repossession. He does so on the basis of his knowledge that the financial institution's preferred option is to recover the arrears. He visits the person concerned as many times as considered necessary outlining the situation and the consequences of failing to make good on the full amount of the arrears, stressing that the repayment must be made immediately. If the person is not in a position to repay the arrears within a reasonable period (a few weeks) the complainant will recommend a date for repossession to the County Registrar. He informs the Clerical Officer of the agreed date and s/he issues the relevant letters. The complainant will liaise with the local Gardaí advising them of the repossession and seeking the presence of Gardaí on the day, particularly if there is a chance there are firearms on the premises. The Clerical Officer notifies the plaintiff's solicitor of the details for the repossession and requests the presence of a senior member of staff from the financial institution should some form of payment be offered on the day. The complainant also requests the plaintiff's solicitor to ensure the HSE and (in the event of an elderly person) appropriate medical assistance to be present on the day. Finally he ensures a locksmith is in attendance to secure the premises after repossession. The complainant has overseen two repossessions in recent years and has assisted in five others. The complainant is also responsible for execution of Orders seeking repossession of land but this had not occurred for 5/6 years prior to the work inspection.

General

The complainant has never been assaulted but his job presents a high risk of same. He has been threatened on a number of occasions and this was significant given he operates in the Border Area. He has received no formal training in negotiation techniques/skills He must have a good working knowledge of the Court Officer's Act, 1926 and the relevant schedule of fees order. He must also have an awareness of family, social welfare and housing legislation. He is responsible for delivery of the necessary functions for the entire county of Westmeath. The nature of the job involves working after normal office hours (at least twice a week) due to the fact that those who are the subject of Orders are not available until evening for personal reasons. A lot of time can be spent waiting around. On average the complainant spends around 2 hours a day in the Office - morning and afternoon. The complainant is required, on occasion, to deal with people whom he knows. He discharges his duties in the same manner in those circumstances, although he does not frequent certain premises (pubs/restaurants) as a result of his work..

The complainant trawls through his files at the end of each month and ensures that the status of cases is correctly recorded on the CMS and amends as necessary. He transfers this information onto an Excel Spreadsheet from which statistical reports are prepared for the County Registrar.

Job Holder: Martin Mulherin Job Title: Court Messenger, Letterkenny
Reports to: Executive Officer and County Registrar
No. of Staff: None Rate of Pay Point 7 of Court Messenger Incremental Scale. He does not generally receive overtime payments. Hours of Work: 9:15am - 5:30pm Monday - Friday although the complainant may work after 5:30pm if particular circumstances require it.

Execution of Court Orders. The complainant is assigned the original warrant for execution of a particular Court Order by the County Registrar and the Order is routed through the Executive Officer. The complainant checks the details of the warrant and the Original Court Order. If there is an error/omission in the Order it is returned to the Executive Officer for amendment by the County Registrar. The process does not alter regardless of the type of Order at issue. The complainant and the Executive Officer decides his daily route having regard to the geography of the locations relative to each other and discharges his workload on that basis. Once a case has been assigned to him the complainant must make every effort to enforce the Order. The complainant has around 20/30 cases on hand at any one time.

The complainant makes every effort to ensure that visits those persons on his route in the first instance. If the person is not there he leaves a standard note asking the person to contact him. This does not happen and he regularly has to return to the address on several more occasions before meeting with the person who is the subject of the Order. Sometimes it is difficult to locate the complainant will use local Gardaí, the Register of Electors, the telephone book, further details from the plaintiff's solicitor (the complainant makes direct contact with the solicitor in this situation) and discreet enquiries with neighbours, the local Post Office to learn more about the person's habits or place of work. The complainant is reluctant to visit people in their place of work but on occasion he will be left with no option but to do so. In those circumstances he attempts to be as discrete as possible. The complainant is generally alone while discharging his duties and has been assaulted on a number of occasions - five/six times during his twenty years' service. On one occasion he was threatened he would be shot - an issue which resulted in criminal proceedings. The complainant states that personal safety is paramount, particularly given the proximity of his area of responsibility to the Border.
The complainant's initial contact with the person who is the subject of the Order is to explain the situation to the person and stress that imprisonment is not an immediate option once the person is prepared to cooperate. He stresses however, the seriousness of the situation and listens to what the person has to say - this is particularly important where there are possible domestic issues. He will do what he can to assist the person obtain the appropriate advice and assistance and will deal with them in a sympathetic manner. Ultimately, his responsibility is to recover the amount on the Order and he has significant discretion in how this occurs. If the proposed period of repayment is long he will clear it with the plaintiff's solicitor, following discussion with the Executive Officer. On some occasions this contact is made by the Executive Officer, on the basis of the complainant's recommendation. If however, the repayment period is short, the complainant will made the decision himself without contacting either the Executive Officer or the solicitor. He also makes contact with the solicitor if recovery of interest on the debt is at issue. The complainant does not have responsibility to waive interest and must obtain the necessary approval - in practice most solicitors waive the interest once recovery of the principal is ensured.

If the complainant forms the opinion that the person is unable to repay the debt and there are assets available for seizure, he will inform the plaintiff's solicitor who will identify the asset(s) for seizure and indemnify the County Registrar against wrongful seizure. If, after contacting the person who is the subject of the Order the complainant forms the view that there is no prospect of recovering the debt at all, he will return the Order to the Sheriff's Office advising that the Order is nulla bona setting out the reasons for this decision in writing. Approximately, 60% of Orders are returned nulla bona. The Executive Officer returns the Orders to the relevant solicitors .

Seizure of goods is not a regular occurrence - the decision to do so is made in consultation with the plaintiff's solicitor. The course of action is approved by the County Registrar, on the complainant's recommendation. Once the decision to seize is made the complainant is responsible for overseeing the process. He must make the necessary arrangements - labour, transport etc - for the seizure. The complainant must 100% satisfied of the ownership of the goods he will not order seizure of them. If he is in any doubt he liaises with the Executive Officer on the matter. He is also responsible for arranging storage of the goods in a secure location until disposal. He is also responsible for engaging a suitable qualified auctioneer to oversee disposal of the goods. This involves a significant amount of phone calls and correspondence. He has not been involved in the seizure of goods in the five years prior to the work inspection.

The complainant issues temporary receipts for all payments he receives on foot of Orders. He lodges these amounts on a daily basis and retains the lodgement slips, which he gives to the Executive Officer on a weekly basis. The Executive Officer is responsible for issuing an official receipt for the payment. The complainant reconciles his receipt book with the Executive Officer's records on a weekly basis - generally on Monday as that is the only day he attends the Office.

The complainant must maintain a diary of his caseload. He is responsible for recording details of his work on a daily basis - keeping details of the outcome of any visits, amounts collected, mileage incurred and any relevant information to the case. This diary is subject to check by the County Registrar as necessary. If there are particular problems with cases he will discuss them with the Executive Officer and the County Registrar. He updates the Executive Officer of progress on cases on a weekly basis (he attends the Office on Monday) and copies all notes on the case to the files. If any instructions are received from the County Registrar on how to proceed with a case he will follow them. The complainant must manage his caseload in a timely fashion. On receipt of an Order he checks the date on it as the Order must be enforced within a year of this date.

Execution of Repossession Orders

The complainant receives the Possession Order and warrant in the same manner as outlined above. He checks what the arrears are and seeks in the first instance to resolve the matter rather than repossession. He does so on the basis of his knowledge that the financial institution's preferred option is to recover the arrears. He visits the person concerned as many times as considered necessary outlining the situation and the consequences of failing to make good on the full amount of the arrears, stressing that the repayment must be made immediately. If the person is not in a position to repay the arrears within a reasonable period (a few weeks) the complainant will recommend a date for repossession to the County Registrar, having discussed the matter with the executive Officer. He informs the Executive Officer of the agreed date and s/he issues the relevant letters. The complainant will liaise with the local Gardaí advising them of the repossession and seeking the presence of Gardaí on the day, particularly if there is a chance there are firearms on the premises. The Executive Officer notifies the plaintiff's solicitor of the details for the repossession and requests the presence of a senior member of staff from the financial institution should some form of payment be offered on the day. The complainant also requests the plaintiff's solicitor to ensure the HSE and (in the event of an elderly person) appropriate medical assistance to be present on the day. Finally he ensures a locksmith is in attendance to secure the premises after repossession. The complainant has overseen three repossessions in recent years. The complainant is also responsible for execution of Orders seeking repossession of land but this had not occurred for 5/6 years prior to the work inspection.

General

The complainant has been assaulted on several occasions during his period of employment and on one occasion he has been involved in criminal proceedings following a threat to his life. He attaches a significant degree of significance to personal safety given he operates in the Border Area. He has received no formal training in negotiation techniques/skills. He must have a good working knowledge of the Court Officer's Act, 1926 He is responsible for delivery of the necessary functions for the southern and western areas of county Donegal. The nature of the job involves working after normal office hours due to the fact that those who are the subject of Orders are not available until evening for personal reasons. The complainant generally spends Monday in the Office and travels for the rest of the week. During this time he retains possession of the Orders. The complainant is required, on occasion, to deal with people whom he knows. He discharges his duties in the same manner in those circumstances.

The complainant assists with the movement of juries within the confines of the Courthouse about twice a year. The complainant also deals with the physical movement of files between Letterkenny and Donegal for court sittings. This involves physically lifting boxes of files (25kg approx) and transporting them between locations. This occurs 3-4 times per year.

Job Holder: Eamon Cleary
Job Title: Court Messenger, Waterford
Reports to: County Registrar (duties connected with Sheriff's Office) and Higher Executive Officer (other duties)
No. of Staff: None Rate of Pay Point 7 of Court Messenger Incremental Scale. He does not generally receive overtime payments. Hours of Work: 9:15am - 5:30pm Monday - Friday although the complainant may work after 5:30pm if particular circumstances require it.

Execution of Court Orders. The complainant is assigned the original warrant for execution of a particular Court Order by the County Registrar and the Order is routed through the Clerical Officer. The complainant checks the details of the warrant and the Original Court Order. If there is an error/omission in the Order it is returned to the Clerical Officer for amendment by the County Registrar. The process does not alter regardless of the type of Order at issue. The complainant decides his own daily route, although he does not travel every day. On about ten days per month he remains in the Office. Once a case has been assigned to him the complainant must make every effort to enforce the Order. The complainant has around 150/200 cases on hand at any one time.

The complainant makes every effort to ensure that visits those persons on his route in the first instance. If the person is not there he leaves a standard note asking the person to contact him. This does not happen and he regularly has to return to the address on several more occasions before meeting with the person who is the subject of the Order. Sometimes it is difficult to locate the complainant will use local Gardaí, the Register of Electors, the telephone book, further details from the plaintiff's solicitor (the complainant makes direct contact with the solicitor in this situation) and discreet enquiries with neighbours, the local Post Office to learn more about the person's habits or place of work. The complainant will visit people at work if necessary. The complainant is generally alone while discharging his duties. He has never been assaulted but has been verbally threatened on many occasions.

The complainant's initial contact with the person who is the subject of the Order is to explain the situation to the person and stress that imprisonment is not an immediate option once the person is prepared to cooperate. He stresses however, the seriousness of the situation and listens to what the person has to say this is particularly important where there are possible domestic issues and he will suggest possible avenues of assistance to the person if he considers it appropriate and necessary. He will do what he can to assist the person obtain the appropriate advice and assistance and will deal with them in a sympathetic manner. Ultimately, his responsibility is to recover the amount on the Order and he has significant discretion in how this occurs. If the proposed period of repayment is long he will clear it with the plaintiff's solicitor. If however, the repayment period is short, the complainant will made the decision himself, although is some instances he will consult with the County Registrar. He also makes contact with the solicitor if recovery of interest on the debt is at issue. The complainant does not have responsibility to waive interest and must obtain the necessary approval - in practice most solicitors waive the interest once recovery of the principal is ensured.

If the complainant forms the opinion that the person is unable to repay the debt and there are assets available for seizure, he will inform the plaintiff's solicitor who will identify the asset(s) for seizure and indemnify the County Registrar against wrongful seizure. If, after contacting the person who is the subject of the Order the complainant forms the view that there is no prospect of recovering the debt at all, he will return the Order to the Sheriff's Office advising that the Order is nulla bona setting out the reasons for this decision in writing. The Clerical Officer returns the Orders to the relevant solicitors .

Seizure of goods is not a regular occurrence and happens on average twice per year - the decision to do so is made in consultation with the plaintiff's solicitor. The complainant states that seizure of goods is a rare thing. The course of action is approved by the County Registrar, on the complainant's recommendation. Once the decision to seize is made the complainant is responsible for overseeing the process. He must make the necessary arrangements - labour, transport etc - for the seizure. He also contacts the Gardaí to ensure their presence as independent witnesses- if they are not present the seizure will not proceed. The complainant must 100% satisfied of the ownership of the goods he will not order seizure of them. If he is in any doubt he liaises with the County Registrar on the matter. The complainant arranges for the temporary appointment of bailiffs (if necessary) and uses a template stored on the Microsoft Wordprocessing software on his office computer. Before appointing them he must agree and secure the cost of their services with the client's solicitor. He is also responsible for arranging storage of the goods in a secure location until disposal. He is also responsible for engaging a suitable qualified auctioneer to oversee disposal of the goods. This involves a significant amount of phone calls and correspondence.

The complainant issues temporary receipts for all payments he receives on foot of Orders. He brings this money back to the office at the end of each day and the Clerical Officer lodges these amounts. The Clerical Officer is responsible for issuing an official receipt for the payment. The complainant frequently reconciles his receipt book with the Clerical Officer's records - but not on a weekly basis.

The complainant must maintain a diary of his caseload. He is responsible for recording details of his work on a daily basis - keeping details of the outcome of any visits, amounts collected, mileage incurred and any relevant information to the case. This diary is subject to check by the County Registrar as necessary, although in practice this rarely happens. If there are particular problems with cases he will discuss them with the County Registrar. If any instructions are received from the County Registrar on how to proceed with a case he will follow them. The complainant must manage his caseload in a timely fashion. On receipt of an Order he checks the date on it as the Order must be enforced within a year of this date. The complainant is also responsible for maintaining the casefiles with updated information and reports progress on cases to the County Registrar on a regular basis - as the need arises. The complainant does not operate the respondent's computerised Case Management System but does use Microsoft Word for the preparation of certain letters as necessary (about 6 times per week).

Execution of Repossession Orders

The complainant receives the Possession Order and warrant in the same manner as outlined above. He checks what the arrears are and seeks in the first instance to resolve the matter rather than repossession. If he considers it useful/appropriate he will act as conduit between the debtor and the financial institution if settlement can be reached. He does so on the basis of his knowledge that the financial institution's preferred option is to recover the arrears. He visits the person concerned as many times as considered necessary outlining the situation and the consequences of failing to make good on the full amount of the arrears, stressing that the repayment must be made immediately If the person is not in a position to repay the arrears within a reasonable period (a few weeks) the complainant will recommend a date for repossession to the County Registrar and the Clerical Officer issues the relevant letters to the parties. The complainant contacts the Gardaí advising them of the repossession and seeking their presence on the day, particularly if there is a chance there are firearms on the premises. He also notifies the dog warden if there are dogs. The Clerical Officer notifies the plaintiff's solicitor of the details for the repossession and requests the presence of a senior member of staff from the financial institution should some form of payment be offered on the day. The complainant also requests the plaintiff's solicitor to ensure the HSE (although he may do this himself due to experience of solicitors failing to make theses arrangements) and (in the event of an elderly person) appropriate medical assistance to be present on the day. Finally he ensures a locksmith is in attendance to secure the premises after repossession. The complainant has overseen 6 repossessions in recent years - two of which involved evictions - the others were vacant possession.

The complainant is also responsible for execution of Orders seeking repossession of land but this had not occurred in the years prior to the work inspection, although he was involved in 2/3 such repossessions early in his career. However, the process is similar to the above. The complainant must walk the land with a representative of the financial institution and ensure that the boundaries correspond with the boundaries detailed on the map attached to the Execution Order before having the Order signed by the representative of the financial institution accepting possession.

Responsibility for Juries

The complainant has responsibility for issuing summons to people for jury service. The complainant checks details from a list with the printed summons to ensure details correspond. He then places the summons in an envelope, with the supporting information, franks the envelope and posts it. This happens about 5/6 times per year. The respondent operates a dedicated phone line for queries on jury service. The complainant answers this phone as necessary. He will deal with straightforward queries (but leaves a note of the call for the Clerical Officer) or if the query is one he cannot deal with he will take the contact details and pass the query on to the Clerical Officer.

The complainant is generally on duty on the first morning jurors are instructed to report for jury service. He meets and greets them and directs them to the appropriate room. The complainant and the Clerical Officer check off those in attendance against the list of expected jurors. The complainant then directs those in attendance to the appropriate court for empanelling. Once the juries are empanelled the complainant is responsible for ensuring their meals/breaks (which entails liaising with the local restaurant and the Gardaí - to ensure appropriate protection). Whilst jurors are present in the courthouse (but not in the courtroom) the complainant is responsible for "keeping an eye" on them to ensure there is no interference with them. When he is not in a position to perform this function it falls to the Higher Executive Officer.

General

The complainant had never been assaulted but has been verbally threatened on many occasions. He has received no formal training in negotiation techniques/skills. He must have a good working knowledge of the Court Officer's Act, 1926 as well as an overview of the manner in which financial institutions operate when recovering debt.. He is responsible for delivery of the necessary functions for the county of Waterford. The nature of the job involves working after normal office hours due to the fact that those who are the subject of Orders are not available until evening for personal reasons. The complainant attends the Office every day and on about 10/12 days per month he is in the Office full-time. The complainant is required, on occasion, to deal with people whom he knows. He discharges his duties in the same manner in those circumstances.

The complainant performs a number of other duties which occur during his time at the Office. He opens the post every morning and sorts it into the relevant sections with the Courthouse, taking care to attach the correct enclosure(s) with each letter. This takes approximately 30 minutes each day. He also monitors the balance on the Office postage franking machine and when the balance falls below a certain amount he physically carries the machine to the Post Office and arranges to have the balance electronically refilled. He must record the date of the transaction as well as the balance before and after the transaction. This process occurs 6/8 times per year. The complainant also drives a staff member (or accompanies him/her) to the bank when lodgements are being made - this occurs on average once every two weeks.

The complainant deals with requests for "Sheriff Searches" (on average one a day). This involves checking information from the "Execution Order Book" in respect of a person (details supplied by a solicitor). The complainant transfers the details from the Execution Order Book onto a template form retained on the PC, printing it off, stamping it and faxing it off to the solicitor in question. He places a copy of the document on a general file and the fees for same are followed up by the Clerical Officer.

Job Holder: Aidan McCarron Job Title: Court Messenger, Letterkenny
Reports to: Executive Officer and County Registrar
No. of Staff: None Rate of Pay Point 7 of Court Messenger Incremental Scale. He does not generally receive overtime payments. Hours of Work: 9:15am - 5:30pm Monday - Friday although the complainant may work after 5:30pm if particular circumstances require it.

Execution of Court Orders. The complainant is assigned the original warrant for execution of a particular Court Order by the County Registrar and the Order is routed through the Executive Officer. The complainant checks the details of the warrant and the Original Court Order, normally with the Executive Officer. If there is an error/omission in the Order it is returned to the Executive Officer for amendment by the County Registrar. The process does not alter regardless of the type of Order at issue. The complainant decides his daily route having regard to the geography of the locations relative to each other (he deals with the northern region of county Donegal) and discharges his workload on that basis. Once a case has been assigned to him the complainant must make every effort to enforce the Order. The complainant has around 20/30 cases on hand at any one time.

The complainant makes every effort to ensure that visits those persons on his route in the first instance. If the person is not there he leaves a standard note asking the person to contact him. This does not happen and he regularly has to return to the address on several more occasions before meeting with the person who is the subject of the Order. Sometimes it is difficult to locate the complainant will use local Gardaí, the Register of Electors, the telephone book, further details from the plaintiff's solicitor (the complainant makes direct contact with the solicitor in this situation) and discreet enquiries with neighbours, the local Post Office to learn more about the person's habits or place of work. The complainant is reluctant to visit people in their place of work but on occasion he will be left with no option but to do so. In those circumstances he attempts to be as discrete as possible. The complainant is generally alone while discharging his duties and has threatened on many occasions. The complainant states that personal safety is paramount, particularly given the proximity of his area of responsibility to the Border.
The complainant's initial contact with the person who is the subject of the Order is to explain the situation to the person and stress that imprisonment is not an immediate option once the person is prepared to cooperate. He stresses however, the seriousness of the situation and listens to what the person has to say - this is particularly important where there are possible domestic issues. He will do what he can to assist the person obtain the appropriate advice and assistance and will deal with them in a sympathetic manner. Ultimately, his responsibility is to recover the amount on the Order and he has significant discretion in how this occurs. If the proposed period of repayment is long he will clear it with the plaintiff's solicitor, following discussion with the Executive Officer. If however, the repayment period is short, the complainant will made the decision himself without contacting either the Executive Officer or the solicitor. He also makes contact with the solicitor if recovery of interest on the debt is at issue. The complainant does not have responsibility to waive interest and must obtain the necessary approval - in practice most solicitors waive the interest once recovery of the principal is ensured.

If the complainant forms the opinion that the person is unable to repay the debt and there are assets available for seizure, he will inform the plaintiff's solicitor who will identify the asset(s) for seizure and indemnify the County Registrar against wrongful seizure. If, after contacting the person who is the subject of the Order the complainant forms the view that there is no prospect of recovering the debt at all, he will return the Order to the Sheriff's Office advising that the Order is nulla bona setting out the reasons for this decision in writing. Approximately, 50% of Orders are returned nulla bona. The Executive Officer returns the Orders to the relevant solicitors .

Seizure of goods is not a regular occurrence - the decision to do so is made in consultation with the plaintiff's solicitor. The course of action is approved by the County Registrar, on the complainant's recommendation. However, if there is any doubt as to the ownership of the goods the County registrar will not authorise seizure. Once the decision to seize is made the complainant is responsible for overseeing the process. He must make the necessary arrangements - labour, transport etc - for the seizure. The complainant must 100% satisfied of the ownership of the goods he will not order seizure of them. If he is in any doubt he liaises with the Executive Officer on the matter. He is also responsible for arranging storage of the goods in a secure location until disposal. He is also responsible for engaging a suitable qualified auctioneer to oversee disposal of the goods. This involves a significant amount of phone calls and correspondence. He has not been involved in the seizure of goods in a number of years prior to the work inspection - he has been involved in around three seizures in the course of his career.

The complainant issues temporary receipts for all payments he receives on foot of Orders. He lodges these amounts on a daily basis and retains the lodgement slips, which he gives to the Executive Officer on a weekly basis. The Executive Officer is responsible for issuing an official receipt for the payment. The complainant reconciles his receipt book with the Executive Officer's records on a weekly basis. The complainant is responsible for maintaining the files and the maintenance of the other records (either paper or electronic) in respect of a case is the responsibility of the Executive Officer.

The complainant must maintain a diary of his caseload. He is responsible for recording details of his work on a daily basis - keeping details of the outcome of any visits, amounts collected, mileage incurred and any relevant information to the case. This diary is subject to check by the County Registrar as necessary. If there are particular problems with cases he will discuss them with the Executive Officer and the County Registrar. He updates the Executive Officer of progress on cases on a weekly basis (normally on Tuesday) and reports progress to the County Registrar as necessary. If any instructions are received from the County Registrar on how to proceed with a case he will follow them. The complainant must manage his caseload in a timely fashion. On receipt of an Order he checks the date on it as the Order must be enforced within a year of this date.

Execution of Repossession Orders

The complainant receives the Possession Order and warrant in the same manner as outlined above. He checks what the arrears are and seeks in the first instance to resolve the matter rather than repossession. He does so on the basis of his knowledge that the financial institution's preferred option is to recover the arrears. He visits the person concerned as many times as considered necessary outlining the situation and the consequences of failing to make good on the full amount of the arrears, stressing that the repayment must be made immediately. If the person is not in a position to repay the arrears within a reasonable period (a few weeks) the complainant will recommend a date for repossession to the County Registrar, having discussed the matter with the executive Officer. He informs the Executive Officer of the agreed date and s/he issues the relevant letters. The complainant will liaise with the local Gardaí advising them of the repossession and seeking the presence of Gardaí on the day, particularly if there is a chance there are firearms on the premises. The Executive Officer notifies the plaintiff's solicitor of the details for the repossession and requests the presence of a senior member of staff from the financial institution should some form of payment be offered on the day. The complainant also notifies the HSE and (in the event of an elderly person) appropriate medical assistance to be present on the day. Finally he ensures a locksmith is in attendance to secure the premises after repossession. The complainant has overseen three repossessions in recent years. The complainant is also responsible for execution of Orders seeking repossession of land but this had not occurred for more than ten years prior to the work inspection.

General

The complainant has been threatened on many occasions during his period of employment and attaches a significant degree of significance to personal safety given he operates in the Border Area. He has received no formal training in negotiation techniques/skills. He must have a good working knowledge of the Court Officer's Act, 1926 - he views the remainder of his job as the application of common sense. He is responsible for delivery of the necessary functions for the northern region of county Donegal. The nature of the job involves working after normal office hours due to the fact that those who are the subject of Orders are not available until evening for personal reasons. The complainant generally spends Tuesday in the Office and travels for the rest of the week. During this time he retains possession of the Orders. The complainant is required, on occasion, to deal with people whom he knows. He discharges his duties in the same manner in those circumstances. The complainant also deals with the physical movement of files between Letterkenny and Buncrana for court sittings. This involves physically lifting boxes of files (25kg approx) and transporting them between locations. This occurs 3-4 times per year.

APPENDIX E

ANALYSIS OF COMPARATORS' POSTS

Skill

Whilst the comparators perform a range of different functions each one of them is engaged in the processing of a variety of legal documents. In the case of each of the comparators accuracy and attention to detail is essential. Any error on their part can have serious consequences for both the respondent and the parties involved in the judicial system. The vast majority of these documents require entry to - and regular updating on- the respondent's Case Management System. The comparators therefore require high levels of literate, numerate and computer skills to discharge these particular functions. The computer skills are greater in respect of Ms. Keenan whose duties include the creation of a new computerised Court List before each High Court sitting, maintaining an updated website following Callovers and e-mailing the appropriate List to the relevant people, including those in the legal profession once that process is concluded.

The comparators also require comprehensive knowledge of the Courts' Practices and Procedures as well as the current fees schedule in operation. In the case of Ms. Ryan she must have a working knowledge of Probate Practices and Procedures as well as a range of family law statutes. In the case of the other comparators they require an understanding of a variety of statutes to assist members of the public with queries on a wide range of issues.

Each of the comparators deal with personal callers and telephone queries from members of the public on a daily basis. The caller/queries can involve personal and sometimes emotional issues. In dealing with these issues the must operate good communication and interpersonal skills.

Many of the tasks undertaken by the comparators have either statutory or internal deadlines attached to them. The comparators require good organisational and management skills to comply with these deadlines.

Both Ms. Keenan and Ms. Kane have tasks connected with the handling, recording and reconciliation of cheques received in their respective offices. In the case of Ms. Kane she operates a rather complex format of accounts in different financial institutions. In discharging these functions both comparators must display significant numeracy and organisational skills - this last skill having a greater degree of importance in Ms. Kane's case given the complex format of accounts. In both cases the financial process operated is subject to audit by external Auditors.

Responsibility

None of the comparators have staff working to them - which is unusual given Staff Officer is the first rung of the staff management grades in the Civil Service. All three have been involved in training of staff, as necessary, during the period under review but the number of occasions in each case is small.

Many of the tasks performed by the comparators are subject to check/clearance by a Line Manager and in Ms. Ryan's case, the Probate Office. Therefore whilst they perform a range of duties responsibility for the accuracy of the information which emerges/or the final decision does not rest with them. However, there are a number of duties where the comparators are fully responsible for the information/output which emerges. In Ms. Ryan's case she is responsible for creating and maintaining statistics which record activity in the Circuit Court Office. This data is used by both local Management and the Circuit Court and District Court Directorate. The comparator is also responsible for dealing with callers who require assistance in completing applications for probate. In addition, she has sole responsibility for ensuring the correct records are transferred to the National Archives each year. Ms. Keenan acts as County Registrar as necessary - in 2008 she acted in this capacity on sixty-eight occasions. In discharging this role the comparator has sole responsibility for many tasks- the most important of which is recording the verbatim judgement in family law cases as this constitutes the official Court Record in those cases. The comparator also has responsibility organising and handling the selection of juries. This responsibility ranges from the initial selection of potential jurors up to making the decision to excuse jurors.

Ms. Kane is responsible for processing all documents in respect of Civil and Family Law cases and ensuring they are accurate and in order. If the documents are not in order the Judge will refuse to deal with the matter which will result in additional costs for the parties.

Mental Requirements

All three comparators must demonstrate significant mental requirements in processing the wide range of legal documentation they handle. Errors and omissions must be picked up at the outset and followed up with the relevant party. Failure to do so has serious implications for both the respondent and the parties involved. A similar level of mental requirement and associated attention to detail must be exercised in recording and maintaining the various Accounts operated by the respondent. Errors could result in financial loss to either the respondent or the parties.

In creating and updating the Callover Lists Ms. Keenan must exercise significant concentration to ensure the List, which on occasion has run to 600 individual cases, contains only the information required. This is particularly relevant in Family Law cases where the identity of the parties cannot be published.

Physical Requirements

The comparators exercise no physical requirements other than those expected in a normal office environment.

Working Conditions

The comparators work in standard open plan offices between the normal hours of 9am-5pm. On occasion, they may meet with members of the public in the foyer or private rooms, if the need arises. None of them have ever been threatened or indeed felt threatened in the course of their normal work. They receive overtime payment in accordance with the appropriate Circular(s) when they attend outside of these hours.

APPENDIX F

ANALYSIS OF COMPLAINANTS' POSTS

Skill

The complainants display organisational skills in the everyday task of executing Court Orders. They do so by deciding their daily/weekly routes to ensure that the make contact with (in some manner) the parties on that particular route. Skipping a visit in error may have consequences for their ability to recover the debt in a timely manner. The complainants are required to assess the situation on the ground and form an opinion as to the ability of a party to repay the debt. In performing this task the complainants are required to display good interpersonal and communication skills as well as showing sound judgement.

The task of seizing goods requires the complainants to liaise with a number of people. the complainant must ensure that the County Registrar is indemnified against wrongful seizure, that the necessary labour and transport is available, that there is appropriate storage for the seized goods and that measures are in place to dispose of same. This task involves considerable organisational skills and management skills on the complainants part.

The complainants are required to issue receipts for all payments received and reconcile their temporary receipt book with staff in the Circuit Court Office on a weekly/ basis. In addition they maintain a diary of their work - which is subject to periodic inspection by the staff in the Circuit Court Office - including the County Registrar. They must therefore apply numeracy and organisational skills in this element of their job.

The complainants are involved in execution of Repossession Orders in respect of dwellings. However, they occur rarely - never more than three per year and sometimes only a couple of time over 2/3 years. Given the sensitive and emotional nature of this work the complainants must demonstrate significant communication and interpersonal skills when discharging this function. The complainant must be aware of the circumstances of the case and must ensure the proper authorities, personnel and support agencies are in attendance at the repossession. Whilst this entails considerable organisational skills, in all cases these tasks were shared with or routed through the relevant staff in the Circuit Court Office.

Mr. Devane performs duties associated with the selection of juries. However, the duties are administrative in nature and responsibility for overseeing the process rests with someone else. The performance of the task requires the complainant to display his organisational skills.

Mr. Kelly updates the respondent's CMS and prepares statistical reports on Microsoft Excel on a monthly basis, which requires the complainant to apply IT skills..

Mr. Cleary is responsible for ensuring that the jury members' meals and tea breaks are arranged during cases. This requires organisational skills. The task arises around half a dozen times a year. He also displays organisational skills when handling "Sheriff Searches".

All the complainants must have a good working knowledge of the Courts Acts and the relevant Schedule of Fees Order at any particular time. They do not require knowledge of any other statutes to perform their duty. However, they need an appreciation of housing and social welfare legislation and practices.

Responsibility

The complainants work alone and have no staff reporting to them. In addition, none of them perform staff training functions.

The core function of the complainants is to execute Court Orders. The warrant to execute a Court Order is signed by the County Registrar. The vast majority of the complainants who were subject of work inspections decide their own route for discharging this particular function. In addition, they all use similar methods to track down parties and the decision on what methods to use in this regard rests with them. The objective is to recover the debt on behalf of the plaintiff with the minimum of inconvenience and the complainants have significant discretion in performing this task. However, the ultimate decision on the period/manner of recovery of the debt rests with the plaintiff or his/her representative. This decision is however influenced/informed by the recommendation of the complainants as "the person on the ground". Similar procedures apply when a decision is being taken on whether or not a party has the capacity to repay the debt - where the Order is nulla bona.

The complainants recover payments on a daily basis and issue temporary receipts to the parties for the appropriate amounts. In all bar two cases where work inspections were carried out the complainants return to the Circuit Court Office at the end of each day and responsibility for lodgement of the monies received rests with a member of staff in that Office. The only exception was Donegal and this arose because of the remoteness of some of the locations in comparison to the Court Office. In that instance the complainants lodges the monies themselves and returns the lodgement slip to the Circuit Court Office. This is however where the complainants' responsibility ceases as reconciliation of the Sheriff's Account rests with the other staff.

Whilst seizure of goods is an infrequent occurrence, where it occurs the complainants are responsible for overseeing the process. However, the decision to repossess goods is only taken in consultation with the plaintiff's solicitor and with the approval of the County Registrar. Half of the complainant's interviewed in the course of the work inspection stated they had not been involved in seizure of goods for several years, one stated it occurred about twice a year on average and the remainder were unable to be specific. The seizure of land or livestock is an even rarer occurrence.

The complainants are involved in execution of Repossession Orders in respect of dwellings. However, in every situation the final decision on repossession rests with the County Registrar, albeit on the recommendation of the complainants. Once the decision to repossess is made the complainants oversee the process. The process is rare however, never more than three per year and sometime only a couple of times over 2/3 years.

Mr. Cleary is involved in issuing summons for jury service and assisting in the handling of queries subsequently. Once juries are empanelled he has responsibility for ensuring the jury members' meals and tea breaks are arranged. He also has responsibility for monitoring and refilling the balance on the Office Postage Franking Machine.

Mental Requirements

The complainants are responsible for checking that the details on the warrant and the Court Order match. They generally perform this task alone although it some instances it is performed with the assistance of the relevant staff in the Circuit Court Office. Errors or omissions are rare but if they arise they are noted the documents are returned via the Circuit Court Office for amendment.

Mr. Cleary opens the post every morning. He must ensure that all attachments are secured to the correct documentation/correspondence and sorts them into the relevant section within the Courthouse. This requires great care as misplacement of documentation can have serious consequences. He is also involved with checking details from a printed list to ensure the details correspond with printed summons for jury service. If errors are identified the summons is referred to the appropriate staff member for correction.

Physical Requirements

There are no significant physical requirements associated with the complainants' jobs other than what might generally be expected in an office environment. Two of the complainants (Mr. Mulherin and Mr. McCarron) are involved in the transportation of files between Courts at different locations in Donegal. Whilst these files can be heavy I note that the task only occurs 3/4 times each year and it therefore occurs with such infrequency as to have little overall impact on the physical requirements of the job.

Working Conditions

The majority of the complainants' work (with the exception of Mr. Cleary) is outside of an office environment. The complainants are required to work (and generally do so) outside of normal office hours in order to meet with parties. The complainants work alone and given the emotive nature of their work run the constant risk of physical violence against them - indeed I note in several cases the complainants have been threatened and in one case criminal proceedings ensued following such a threat. In such circumstances the complainants are required to operate a high degree of personal safety. In some instances the nature of their work impacts on their social lives.

APPENDIX G

COMPARISON OF COMPLAINANTS AND COMPARATORS' POSTS
IN TERMS OF SECTION 7(1)(C) OF THE ACTS

SKILL

Both the complainants and the comparators are required to be numerate and literate in order to perform their duties. In addition, both groups must posses good communication and interpersonal skills, although the complainants must do so with members of the public on a more frequent and basis and in more intense/emotional circumstances. They (the complainants) must exercise good judgement as to the bona fides of parties to repay debts as it has a significant impact on the plaintiff.

Whilst both groups must possess good organisational skills the demands placed on the comparators in respect of this skill is greater as they are required to work to tight deadlines and the volumes of work are high. In addition, the comparators exercise a greater degree of IT skills on a regular basis.

I find that the skills required of the comparators and complainants to be equal

RESPONSIBILITY

Neither the complainant nor comparator groups have staff management or training responsibilities. Large elements of the work of both groups are also subject to checking/clearance by another party. Whilst the complainants can decide the own route and work schedule (by and large) and have some discretion on how they perform their core functions - the final decision on payment plans and repossessions etc. rests with someone else. In addition, their responsibility for the payments received does not extend (in general) to lodgement of it and reconciliation of the account. The complainants have significant responsibility for seizure of goods but this is an infrequent occurrence. A similar scenario applies in respect of Repossession Orders.

The comparators have sole responsibility for elements of their work - albeit to varying degrees. In Ms. Ryan's case that level of responsibility applies to preparation of monthly statistics and annual archiving of files. Ms. Kane has sole responsibility for ensuring the accuracy of documentation in respect of Civil and Family Law cases and has significant responsibility for all remittances which are lodged in Court or arrive in the Court Office. Ms. Keenan acts as County Registrar (on average) more than once a week with all the associated responsibility - particularly in Family Law cases. She also has overall responsibility for organising and handling jury selection - which occurred on nine occasions during 2008

I find that the demands made on the comparators in terms of
responsibility exceed those placed on the complainants

PHYSICAL REQUIREMENTS

The comparators operate in a modern office environment with the associated physical demands that one might expect. Whilst two of the complainants are required to lift heavy files I note that this only occurs 3/4 times a year and I am satisfied that it occurs with such irregularity as not to be significant to the work as a whole

I find that the demands made on the comparators and complainants in terms
of physical requirements to be equal

MENTAL REQUIREMENTS

The comparators exercise significant mental effort when processing legal documents, preparing the Callover Lists and administering the financial accounts of the Court. The volumes of individual items is considerable - callovers can have in excess of 600 cases, probates and intestacies can total over 600 per annum and marking judgements against debtors totalled over 400 in 2008. The comparators must ensure that the documentation etc. is correct as errors can have considerable consequences.

The complainants, whilst having to attend to detail on warrants and Court Orders, do not have to exercise the same degree of mental effort and the volumes of documents are considerably smaller and less frequent that those processed by the complainants. Whilst some of the complainants perform other tasks which require degrees of mental effort I am not satisfies that it is sufficient to impact of the complainants' jobs as a whole.

I find that the mental efforts required of the comparators are greater
than those required of the complainants.

WORKING CONDITIONS

The comparators work in standard open plan offices between the normal hours of 9am-5pm. Whilst they meet members of the public in the foyer or other offices, the working environment is safe. When they work outside normal working hours they receive the appropriate overtime payments.

The complainants spend the majority of their working time outside the office. They work alone and the nature of their work exposes them to threats and possible physical violence. It is also necessary to perform their duties (on a regular basis) outside of normal office hours to meet with parties. They do not receive overtime rates for this.

I find that the demands made on the complainants are greater then those placed on the comparators in terms of working conditions.