FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal Of Recommendation Of A Rights Commissioner r-094220-ir-10/SR
BACKGROUND:
2. This dispute concerns the Worker's claim that he isundertaking work which is at a level above his current grade.This matter was referred to a Rights Commissioner for investigation and recommendation. On the 14th January, 2011 the Rights Commissioner issued the following Recommendation:-
- “I see considerable merit in the claim and it is conceded in full - I recommend that the Employer pay the Claimant at Supplies Officer Grade B”.
On the 4th February, 2011 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 21stMarch, 2012.
3. 1. The Employer accepts that the Worker has carried out many additional duties for many years.
2. The Employer failed to implement an agreement that the Worker be paid a responsibility allowance until a job evaluation exercise could be carried out.
3.Both the claim and the agreement predate, and are not covered by, the Public Service Moratorium or the Croke Park Agreement .
EMPLOYER'S ARGUMENTS:
4. 1. The Worker's upgrading claim was supported by his line manager but not by the relevant service management.
2. It was subsequently agreed by both sides to submit the post for job evaluation but this fell through when the job evaluation scheme was suspended.
3. This claim is precluded by the Public Service Moratorium and the Croke Park Agreement.
DECISION:
It is clear that the claimant in this case is undertaking work which is at a level above his current grade. This was acknowledged by his line management in September 2006.
It is wholly unreasonable to expect the claimant to continue undertaking the work in which is engaged without being paid a rate or allowance commensurate with that work.
In the circumstances of this case the court is satisfied that the Claimant should be paid an appropriate acting up allowance with effect from 1st January 2009.
The Rights Commissioner's recommendation is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
11th April, 2012______________________
JMCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.