FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KILKENNY LOCAL AUTHORITY REPRESENTED BY THE LOCAL GOVERNMENT MANAGEMENT AGENCY - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Pay Rates
BACKGROUND:
2. This case concerns a dispute in relation to a claim by the worker to be paid the appropriate rate of pay for the duties carried out. The worker contends that he is not on the correct rate of pay or grade. Management contends that he has been correctly graded and is in receipt of the correct rates of pay. The worker referred the matter to the Labour Court on 17th September 2012 and agreed to be bound by the Court' Recommendation. A Labour Court hearing took place on 19th February, 2013.
WORKER'S ARGUMENT:
3 1 The worker is currently graded as a Foreman which is not the appropriate grade for the work being carried out. Comparable employees in other Local Authorities are graded and paid differently to the worker in this case. The worker is seeking that he be correctly graded in line with those other employees.
MANAGEMENT'S ARGUMENTS:
4 1 The worker is correctly paid and graded. His duties were considered and an agreement between the parties placed the worker at the maximum point of the Foreman's payscale. Management contend that this is the appropriate grade and rate of pay.
RECOMMENDATION:
- Having considered the submissions of both parties the Court is satisfied that the claim before the Court under Section 20(1) of the Industrial Relations Act, 1969 i.e. for the appropriate rate for the work carried out by the Claimant, has not been before the Court previously and consequently the Court is not restricted from adjudicating on it.
The Claimant informed the Court that his duties include collecting, recording and lodging monies collected on a daily basis, ensuring that all monies are correctly accounted for. He also has responsibility for maintenance and repair of parking cash machines. He maintains that in comparison to other local authority workers carrying out the same functions he is not correctly graded.
The Court recommends that the Local Authority should conduct an assessment of his role to compare his duties with those employed to carry out similar duties, thereby determining the appropriate grade for the Claimant. This exercise should be conducted as expeditiously as possible and in any event no longer than four weeks from the date of this recommendation.
In the event that the Claimant has been incorrectly graded the Court recommends that the any retrospection due should be paid back to 28thJune 2011, when he referred his claim under the Industrial Relations Acts.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th March 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.