FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ENTERPRISE IRELAND - AND - A WORKER (REPRESENTED BY UNITE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal of Recommendation of a Rights Commissioner R-079745-Ir-09/Eh
BACKGROUND:
2. The issue before the Court concerns a claim made by the Union on behalf of its member that the correct grading and associated pay scale for his position has not been applied. The worker joined Enterprise Ireland in 1992 in the Research Officer Grade. In May 2007, he was moved to the Framework 7 group within the Research and Innovation Business Group and a new role as National Contact Point for Nanotechnologies Materials and New Production Technologies. The Union contends that the Senior Scientific Officer (SSO) pay grade should have applied to his new position as all NCP's are on that grade. The employer refutes the Union's claim that NCP's within the agency automatically belong to the SSO grade.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 1st December, 2009 the Rights Commissioner issued his Recommendation as follows:
"I recommend that the employer carries out a Job Evaluation exercise to establish scientifically the roles and responsibilities and establishes whether there is a basis to (worker named) claim.
I find that then it will be necessary for the parties to this dispute and other parties who will be affected by the outcome of the Job Evaluation exercise to discuss the implications of the exercise.
If the investigation should find in favour of (worker named) then the employer should prepare and present a request for upgrading to the Department of Finance with immediate effect."
On the 11th January, 2010 the Union appealed the Rights Commissioners Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 16th April, 2010.
UNION'S ARGUMENTS:
3. 1 Enterprise Ireland has recognised the role of NCP within Framework 7 support office listing the duties and responsibilities and specifying a payscale for this role at the level of SSO. This position is backed by the group manager
2 The reason the worker concerned is carrying out this work at a lower grade is because he transferred from another position through restructuring. If the worker applied through a national advertisement he would be on the higher SSO scale and doing the exact same work.
3 If the worker was to leave his role Enterprise Ireland would advertise to refill the position at SSO grade.
COMPANY'S ARGUMENTS:
4. 1 The NCP role is not automatically at the SSO grade. Following a review of the business needs of the Framework 7 support office it was concluded that the business needs do warrant a post at the SSO grade on this occasion.
2 Enterprise Ireland must be cognitive of the existing procedures, customs and practice in respect of promotions and upgrades. The only mechanism for adjusting upward any grade within the agency is by way of open recruitment competition. Such competitions ensure consistency, transparency and fairness.
3 Enterprise Ireland are subject to the moratorium on recruitment and promotion in the Public Service. No employee can be promoted or upgraded irrespective of the merits or otherwise of the claim.
DECISION:
It is noted that neither party to this dispute wishes to proceed in the manner recommended by the Rights Commissioner.
It is further noted that the employer accepts that the appropriate grading for the particular post in issue is that of SSO. However they are unable to re-grade the post at present for reasons outlined to the Court.
In the course of the hearing the Union outlined a number of possible approaches which could be adopted to address the situation having regard to the formal constraints on the employer. The Court believes that the most productive course of action which the parties could adopt in current circumstances would be to have further discussions with a view to exploring those suggestions further. The Court recommends that they engage in such discussions with a view to reaching agreement.
The Rights Commissioner Recommendation is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
6th May, 2010______________________
DNChairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.