FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE DUBLIN MID LEINSTER - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Appeal Of Rights Commissioner's Recommendation r-105118-ir-11/MMG.
BACKGROUND:
2. This dispute concerns the Workers claim that he following his promotion he has been disadvantaged in relation to his pay. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 17th April, 2012 the Rights Commissioner issued the following Recommendation:-
- "The [Worker] should be awarded a cumulative payment of €3,792.00 for the period '96, '97, '98 and '99 and that the rate as at 2000 of €20,278.00 p.a. is the appropriate rate."
On the 21st May, 2012 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 December, 2012.
3. 1. The Employer was not consistent in its treatment of staff promoted from Craft grades to Maintenance Officer.
2.There is no potential for similar claims due to the specific and unique nature of this claim.
3.Concession of this would further undermine the Employer's financial position.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker was correctly paid in line with Circular 10/71.
2.This cost-increasing claim is prohibited by the Public Service Agreement.
3.The Company's decision to issue the Worker with a verbal warning was proportionate.
DECISION:
The Court has carefully considered the submissions of both parties in this dispute.
The Court notes the unique circumstances of this case. In that context, and without prejudice to the substantive positions of either side, the Court has decided that the HSE should pay the Applicant compensation in the sum of €3,792 in full and final settlement of all matters in issue.
The Rights Commissioner’s Recommendation is varied accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
1st February, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.