FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AER LINGUS PLC - AND - MARGARET DONOHUE (REPRESENTED BY MS CLARE DALY) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Pay
BACKGROUND:
2. This case concerns a claim by a Worker, that the position of Flight Kitchen Supervisor be formalised and offered to her on the basis of an old grading structure.
The Employer's position is that a new grading structure was agreed with the Union in 2009 and introduced across the business including the Catering Department.
On the 12th September 2012, the Worker referred her dispute to the Labour Court 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 the 15th January, 2013.
WORKER'S ARGUMENTS:
3. 1. The Worker began her employment in the catering Department in May 1998 and is currently a Grade B Operative.
2. Over the past two years the Worker and two of her colleagues have provided ad hoc cover in a supervisory function in the kitchen.
3. The Worker applied for, and was successful in a competition for Flight Kitchen Supervisor. However if she had accepted the promotion, she would have lost €400 - €500 a fortnight and would have had extra responsibilities.
EMPLOYER'S ARGUMENTS:
4. 1. The Company went through a change process in 2009.
2. A collective agreement was reached with the Union and was accepted by way of secret ballot.
3. The Agreement was registered with the Labour Court on the 29th June, 2010 in accordance with Part III of the Industrial Relations Act 1946.
RECOMMENDATION:
While the position arising whereby the promotional post is remunerated at a lower rate than that currently applicable to the claimant seems anomalous, it is nonetheless in accordance with the Registered Employment Agreement.
In these circumstances the Court cannot recommend a solution which would be in conflict with an agreement freely negotiated and entered into between the Company and the Union representing its staff. Furthermore, the parties to the Agreement have jointly registered it under the Industrial Relations Act 1946, thereby ensuring that it is binding not only in the industrial relations sense but that it is also enforceable through the Court.
In these circumstances the Court cannot recommend concession of the Worker’s claim.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
21st January, 2013Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.