FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ROYAL COLLEGE OF SURGEONS IRELAND (RCSI) (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal of a Recommendation of a Rights Commissioner R-079262-IR-09/GC.
BACKGROUND:
2. The Claimant commenced employment with the Royal College of Surgeons (RCSI) in August 1990 at Secretary Grade3. She was subsequently promoted to Grade 4. Over the years she has worked in various posts and is currently working in the Examination Department.
In November 2001 it was mutually agreed between the Claimant and the Employer that she move to a part-time role in the Department of Pathology. This role was at a Secretary Grade 3 level. She continued to receive her Grade 4 salary on a personal to holder basis.
On the 1st May 2009 the Employer and the Union signed an agreement regarding the pay and grading for secretarial staff within the College. The previous grading structure consisted of Grade 2, Grade 3 and Grade 4. The new structure consisted of Type A, Type B and Type B*.
Subsequently the Claimant received a letter from her Employer stating that her salary would remain the same until the maximum point on the Type B scale overtook her salary (at which point her salary would then be assimilated on the Type B payscale).
The Union's claim before the Court seeks to have the recommendation of the Rights Commissioner implemented in full, where the Commissioner recommended"that the terms of the Agreement of 2009 be implemented which in theClaimant's case means assimilating her to the B* scale."The RCSI appealed that part of the recommendation of the Rights Commissioner.
The Claimant was named in the Rights Commissioner's recommendation.
On the 17th December, 2009 the Employer appealed the Rights Commissioner's recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 6th May, 2010.
UNION'S ARGUMENTS:
3. 1. The Union maintains that the Claimant was initially employed as a Grade 3 Secretary, was later promoted to a Grade 4 and remains a Grade 4 Secretary at the top of the payscale.
2. The Union contends that the Claimant is a Grade 4 Secretary carrying out the functions of a Grade 3 because the Employer did not redeploy her to a Grade 4 because none was made available to her.
3. The Claimant is at the top of the Grade 4 payscale and has received all National Wage increases in line with other Grade 4 Secretaries.
MANAGEMENT'S ARGUMENTS:
4. 1. Management maintains that the Agreement of 2009 between the College and the Union states"Grade 3 secretaries' in receipt of a Grade 4 salary (on a personal to holder capacity) will be assimilated to the Type B payscale, moving to the next point on this scale with effect from the date of agreement."
2. Management contents that while the Claimant is at the maximum point of the Grade 4 payscale, she has since 2001, worked in a Grade 3 Secretary role.
3. Management contends that the Claimant is being paid at the correct rate of pay as per the Agreement reached between the Union and RCSI.
DECISION:
The Court is satisfied that the background in which the Claimant came to be assigned to a Grade 3 post constitute unique circumstances justifying the recommendation of the Rights Commissioner.
Having regard to these circumstances and on the strict understanding that it will not be relied upon or quoted by the Union or any individual in support of a similar claim, the Court is prepared to uphold the Rights Commissioner's recommendation.
On that basis the appeal is disallowed and the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
20th May, 2010______________________
MG.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.