FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NORTH TIPPERARY COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY) AND SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Appeal of Rights Commissioner's Decision No: r-134348-ir-13/GC
BACKGROUND:
2. This case is an appeal by the employer of Rights Commissioner's Decision No: r-134348-ir-13/GC. The issue concerns a General Operative and the appropriate rate of pay on his promotion to the General Services Supervisor (GSS) grade. The Union contends that the worker should have been awarded incremental credit for the period spent acting up into the role prior to his permanent appointment to the grade. Management contends that the worker was placed on the appropriate point of the payscale on his promotion.
The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 24th January 2014 and found that the worker was placed on the agreed starting pay on promotion. Based on the original link of the post to the technician grade and based on the length of time that the had spent acting up in the grade prior to his appointment, the Rights Commissioner awarded the worker a once off gesture of €2000.
On the 21st February 2014 the employer appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 16th September 2014
UNION'S ARGUMENT:
3 1 The worker acted up into the position for almost six years. Once permanently appointed to the grade he should have been placed on a higher rate of pay. Management placed the worker on the minimum point of the payscale which resulted in a significant loss of earnings being incurred by him. In all the circumstances of the case the worker should be placed on Point seven of the General Services Supervisor payscale.
MANAGEMENT'S ARGUMENT:
4 1 Management is unable to apply the Rights Commissioner's Recommendation and pay the worker €2000 in compensation. The agreed procedures for pay assimilation on promotion are governed by Circulars EI13/82 and EI2/99. These circulars provide that General Operatives appointed to the General Services Supervisor grade are placed on the minimum point of that payscale. These procedures are agreed between Management and the Trade Unions and must be complied with.
DECISION:
This is an appeal by the Employer against a Rights Commissioner’s Recommendation which awarded the Claimant the sum of €2,000 as a onceoff gesture in settlement of his claim. The Claimant’s claim before theRights Commissioner concerned a dispute over the assimilation of the Claimant onto the first point of the General Services Supervisor’s scale when he was formally appointed to the role of General Services Supervisor on 7thSeptember 2012, having been in such a role on a continuous acting up basis for 5 years and 5 months. The Union submitted that the Claimant should have been treated in line with other Non-Officer Grades whereby promotion entitles them to move to a higher point on the scale. It stated that the Claimant had suffered a substantial loss in earnings as a result of being placed on the first point of the scale.
The Council submitted that the assimilation was in accordance with its long standing agreement between LGMA and the Group of Unions representing General Service’s grades. It contended that others in similar circumstances have been treated in the same manner as the Claimant and rejected the Recommendation to pay him a once off lump sum.
Having considered the submissions of both parties, the Court is satisfied that while acting up, the Claimant’s substantive grade was a General Operative grade. On promotion to the General Services Supervisor’s grade, he was appointed to the minimum point of the General Services Supervisor’s grade in accordance to Circular EI 13/82 and EI 2/99. In accordance with those Circulars the Claimant was correctly assimilated onto the minimum point. While the Court notes the inequity this has given rise to for the Claimant the Court does not find that the actions of Management were inconsistent with the agreed methodology for assimilation.
Accordingly the Court overturns the Rights Commissioners Recommendation of an award of compensation for the Claimant and therefore upholds the Councils’ appeal.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th October 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.