FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GALWAY - MAYO INSTITUTE OF TECHNOLOGY(GMIT) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner Recommendation No: r-150860-ir-14/SR
BACKGROUND:
2. This case is an appeal by the Union of Rights Commissioner's Recommendation No: r-150860-ir-14/SR. The Union initially sought a regrading to Grade IV following the worker's transfer within the organisation. Management's position is that the transfer was as a result of the workers inability to continue in her previous role as a result of an underlying medical condition. It contends that the new position to which she transferred was a different role but was not work of such a higher level of responsibility to warrant an upgrade. Management consider the appropriate grade for the worker is that of Grade III which is analogous to her original role.
The matter was referred to a Rights Commissioner for investigation: A Recommendation issued on the 11th May 2015 and did not find in favour of the worker's claim. On the 18th May 2015 the Union appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing to place on the 23rd September 2015.
The following is the Court's Decision:
DECISION:
Having given careful consideration to the submissions of both parties to this dispute, the Court finds that the Claimant is carrying work appropriate to a Grade 111 Clerical Officer and should, with effect from the date of this recommendation, be paid accordingly.
The Court recommends accordingly
Signed on behalf of the Labour Court
Brendan Hayes
16th October 2015______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.