FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioners Recommendation No: r-120972-ir-12/DI
BACKGROUND:
2. This is an appeal by the worker of Rights Commissioner's Recommendation No: r-120972-ir-12/DI. The issue concerns a Porter employed by the HSE who claims that her role has evolved to that of a Clerical Officer. She is seeking that her role be evaluated and that she be regraded to that of a clerical officer.The employer contends that she is correctly graded and that concession of the claim would undoubtedly lead to repercussive claims elsewhere in the sector. The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 6th December 2012 and found that the regrading of a Porter to the Clerical Officer grade was a national issue and could not be dealt with on an individual basis. He did not find in favour of the workers claim. On the 7th January 2013 the worker appealed the Rights Commissioners Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 12th April 2013
UNION'S ARGUMENTS:
3 1 The workers role has evolved significantly over the years. The role is now appropriate to the Clerical Officer Grade and should be regraded accordingly.
2 The employer should, at the very least evaluate the role in question to see if there is merit in the worker's claim for regrading.
COMPANY'S ARGUMENTS:
4 1 The employer does not believe the worker is incorrectly graded. All porters carry out additional duties and the role has expanded but not to the extent that Porters should be regraded to Clerical Officers.
2 The employer cannot carry out a job evaluation exercise with a view to regrading the worker as it is precluded from doing so under the current public service moratorium and sanction for regrading would not be forthcoming.
DECISION:
The matter before the Court concerns the Claimant’s appeal of a Rights Commissioner’s Recommendation, which found against her claim for re-evaluation of her post. While the Claimant has been employed with HSE since June 1973, she has been in her current position as a Porter based at Vernon Avenue, Home Centre, Clontarf since 1986. The Union on behalf of the Claimant sought to have her post re-evaluated and upgraded to Clerical Officer level.
HSE management stated that it had examined her role on a number of occasions and was satisfied that she was correctly graded. In any event it was precluded by the terms of the Moratorium on Recruitment and Promotions in the Public Service from considered an upgrade. However, by letter dated 29thApril 2012 the Claimant was requested by a Line Manager to complete a job evaluation questionnaire.
Having considered the position of both parties the Court is of the view that as the Claimant is due to retire on 4thSeptember 2013, the parties should meet at local level with a view to ascertaining details of the clerical duties which the Claimant asserts she is performing, over and above the nationally agreed duties for Porters, and on that basis to decide whether or not there is merit in her claim.
The Court recommends that this meeting should take place as soon as possible, the Claimant should be represented by her Union representative and the exercise should be completed by no later than four weeks from the date of this Labour Court Decision. The Court varies the Rights Commissioner’s Decision acordingly.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
28th May 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.