FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HOLY ANGELS - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Non-payment of increments.
BACKGROUND:
2. This dispute concerns the Worker's claim that she has not been paid an increment since 2009. The Worker referred this case to the Labour Court on the 12th June, 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 the 20th March, 2013. The Employer declined to attend the hearing.
UNION'S ARGUMENTS:
3. 1.The Worker has a contractual entitlement to incremental pay.
2.The Employer has not paid the Worker an increment since 2009.
3.The Employer's unilateral action has caused the Worker considerable financial loss.
RECOMMENDATION:
The Court considers it regrettable that the employer declined to participate in the Court investigation of this case or to put forward its position in relation to the Union’s claims.
It is clear that the Claimant’s rate of pay is aligned to that of similarly graded staff employed by the HSE. On foot of that alignment her pay was reduced following a similar reduction in the pay of HSE staff. HSE staff continue to receive increments and the Court is fully satisfied that the Claimant should likewise receive increments.
In these circumstances the Court recommends that the Union’s claim be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
20th May, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.