FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MARKS AND SPENCER (REPRESENTED BY IRISH BUSINESS & EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation r-081132-ir-09/EOS.
BACKGROUND:
2. This dispute relates to marks awarded to the Worker in a Performance Development Review, which he claims deprived him of a pay rate of €13.82 per hour. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 16th June, 2010 the Rights Commissioner issued the following Recommendation:-
- “In all of the circumstances, I am finding in favour of the claimant and recommend that he be assimilated onto the higher scale of €13.82 per hour with effect from the 19th June 2009”.
- “In all of the circumstances, I am finding in favour of the claimant and recommend that he be assimilated onto the higher scale of €13.82 per hour with effect from the 19th June 2009”.
3. 1.The Company failed to follow the Performance Development Review guidelines.
2.The Worker was not given the correct score when the Company rated his performance.
3.The Worker's pay rate should be ammended accordingly with full retrospection.
COMPANY'S ARGUMENTS:
4. 1.The Performance Development Review had the full support of all the relevant unions.
2.The Company has always operated thePerformance Development Reviewin a fair and transparent manner.
3. The Worker's pay increased by 26% as a result of this Performance Development Review.
DECISION:
The Court has carefully considered the extensive written and oral submissions made by both parties in this case. On the basis of the information provided to it by the parties the Court rejects the appeal and upholds the Rights Commissioner's Recommendation.
Signed on behalf of the Labour Court
Brendan Hayes
16th June, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.