FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DEPARTMENT OF HEALTH & CHILDREN - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Remuneration of Head Porter, Hawkins House.
BACKGROUND:
2. The worker commenced employment with the Department in 1988 as a Porter in Hawkins House and continued in that position until March, 2003, when he was promoted to Head Porter. Part of his duties involved undertaking weekend and Bank Holiday inspection of staff rostered on those occasions. He was also required to work one hour overtime each weekday. His normal weekly overtime was 11 hours - five hours Monday to Friday and three hours at double time for the weekend. In 2007, following talks involving the worker, it was decided to eliminate the portering grade. The worker claims that he was in agreement with the decision provided that he suffered no financial loss. He also claims that a document issued by the Department in November, 2007, confirms this would be the case. The Department maintains that no such guarantee was given. The worker's grade changed to Corporate Services Officer. His case is that he has suffered considerable financial loss since he moved to his new position in 2007 as a result of having less overtime (he still does five hours overtime per week).
The dispute was referred to the Labour Relations Commission (LRC) and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 27th April, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 31st August, 2010, in Kilkenny.
UNION'S ARGUMENTS:
3. 1. The Union is seeking that an agreement reached in 2007, guaranteeing that the worker's remuneration would be maintained, be honoured. The worker would not have entered into the agreement if he believed that he would suffer such a financial loss.
2. The Department cannot use the current financial climate as an argument to renege on an agreement that was made in 2007.
DEPARTMENT'S ARGUMENTS:
4. 1. No commitment was given or could be given by the Department whereby a worker's overtime earnings could be protected in all circumstances.
2. The worker has retained his rate of pay as Head Porter including key holders allowance. He also does five hours overtime per week.
3. Existing procedures and processes should be used by the parties to address any loss of overtime earning.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute. The Court is satisfied that, as a matter of probability, the Department, in November 2007 gave an undertaking to the Head Porter that the restructuring of portering services in Hawkins House would proceed on the basis that his earnings would be largely protected into the future through the creation of a new post with an enhanced rate of pay that would broadly reflect his historic gross income.
The Court further notes that the official side confirmed that this was a legacy issue that fell to be dealt with outside the strict provisions of the "Croke Park" Agreement.
Consequent upon these two factors the Court recommends that the Head Porter, with effect from 1st August 2009, be appointed to the newly created post of "Corporate Services Officer" on a personal to holder annual salary of €45,000. In addition he should continue to be paid the key holder allowance and the five hours overtime per week as at present.
With effect from 15th June, 2010, in line with all other public servants, this post should come within the Scope of the Public Service Agreement (The Croke Park Agreement) and if appropriate be dealt with in accordance with its terms and provisions.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
10th September, 2010.______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.