FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AER LINGUS LIMITED - AND - A WORKER (REPRESENTED BY CLARE DALY, T.D.) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Restoration of acting-up position.
BACKGROUND:
2. This dispute concerns the Worker's claim for the restoration of an acting-up position. The Worker referred this case to the Labour Court on 8th August, 2012, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 6th December, 2012.
WORKER'S ARGUMENTS:
3. 1.The Worker carried out this additional work for several years for no additional remuneration.
2.When the Company made this position a promotional opportunity it should have been given to the Worker.
3.The Worker should be promoted immediately and compensated for loss of earnings.
COMPANY'S ARGUMENTS:
4. 1.The Worker was not the only person to have provided acting-up cover at weekends.
2.There can be no claim for loss of earnings as there was no payment prior to 2010.
3.All staff now assume charge where they are the most senior person rostered.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
The issues that arise in this case are collective in nature and have potentially far-reaching consequences for other staff in the Department whose case was not argued before the Court.
In this context the Court recommends that the Company engage with the staff affected, through their trade unions, with a view to reaching an agreement that is fair to all concerned, is consistent with general norms in the Company and that addresses the grievances raised by the Applicant.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
12th December, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.