FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FAILTE IRELAND (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Appeal Of Rights Commissioner's Recommendation R-108371-IR-11/GC.
BACKGROUND:
2. The case before the Court concerns the Employer's appeal of a Rights Commissioner's Recommendation. The dispute relates specifically to the Worker's claim for incremental credit based on his previous relevant experience. The Worker has sixteen years experience in the field and he is seeking incremental credit for this experience. In 2005, the Worker was appointed to a full-time permanent post in Failte Ireland. At the time of his appointment, he was awarded incremental credit for five years based on his experience. It is the Worker's claim that given his extensive experience he should have received additional incremental credit in line with Circular 40/2007, which takes into consideration previous working experience for the purpose of determining the level of incremental credit to be awarded. The Employer rejects the Worker's claim arguing that he was appropriately placed on the salary scale and he is not entitled to any additional credits. The Employer further asserts that it is strictly bound by the terms of thePublic Service Agreement 2010-2014which precludes the processing of any cost-increasing claims.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 8th November, 2011, the Rights Commissioner issued her Recommendation as follows:
"Based on the evidence and submissions I find that the claimant was not given the appropriate incremental credit when he was appointed to the permanent full-time position in 2009. I find that as he had more than ten years relevant service at that stage, point 7 of the scale was the more appropriate point. I recommend that to rectify the situation, and in full and final settlement of his claim, that Mr Murphy be appointed to point 9 of the scale from January 2011".
On the 6th December 2011, the Employer 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 23rd March, 2012.
UNION'S ARGUMENTS:
3. 1. The Worker has a substantial amount of relevant experience in the field.
2. The Worker maintains that he should be awarded additional incremental credit in line withCircular 40/2007.
3. The Worker is currently seeking retrospective application of incremental credit and is of the view that the Employer is in a position to do so.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker had no entitlement to additional incremental credit and was correctly positioned on the salary scale on commencement of his full-time permanent position.
2. The Employer is bound by the terms of the Public Service Agreement 2010-2014 and is not in a position to retrospectively apply incremental credit in this instance.
3. The Worker's claim is cost-increasing and could lead to potential further knock-on claims.
DECISION:
The Court has carefully considered the submissions of both parties to this dispute.
The Union's claim for additional increments is not permitted under the terms of the Public Service Agreement and accordingly cannot be progressed at this time.
The Rights Commissioner's Recommendation is set aside and the appeal is upheld.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
16th April 2012______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.