FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ENTERPRISE IRELAND - AND - A WORKER (REPRESENTED BY UNITE) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-114352-ir-11/GC.
BACKGROUND:
2. This dispute concerns the Workers' claim that he is undertaking duties that are appropriate to a higher grade. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 1st March, 2012 the Rights Commissioner issued the following Recommendation:-
- "I recommend that both parties ... record the role and responsibilities and review the grade the [Worker] currently holds so at least the appropriate grade can be established."
On the 23rd March, 2012, the Worker 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 5th April, 2013.
3. 1. The Worker is carrying out the duties of a higher grade.
2.The Employer refuses to recognise this and regrade the Worker.
3.The Employer has consistently acted unreasonably towards the Worker.
EMPLOYER'S ARGUMENTS:
4. 1.Upgrades and promotions within Enterprise Ireland are by way of open competition only.
2.Concession of this cost-increasing claim is precluded by the terms of the Public Service Agreement 2010-2014..
3.The Employer is bound by the Public Sector Moratorium on Recruitment and Promotion.
DECISION:
The Union’s claim is based on an assertion that the Claimant is undertaking duties that are appropriate to a higher grade. It seems to the Court that the claim cannot be progressed further until the validity of the assertion upon which it is based is properly tested. The recommendation of the Rights Commissioner was directed at establishing the factual position in that regard.
In all the circumstances of this case the Court regards the recommendation of the Rights Commissioner as practical and appropriate. The Court does, however, believe that the exercise envisaged by the Rights Commissioner should be undertaken within a predetermined time frame of not more than three months.
With that qualification the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
4th June, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.