FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ENTERPRISE IRELAND - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Claim for the application of the Level D scale from October 2014.
BACKGROUND:
2. This matter was referred back to the Labour Court on the 8 February 2017. Since the Rights Commissioner recommendation R-149232-IR-14/DI and Labour Court Decision No. AD 1587 the worker was successful in a competition for the post at Level D and was appointed. A Labour Court hearing took place on the 16 May 2017.
UNION’S ARGUMENTS:
3. 1. The Worker has carried out the duties associated with the role since 2005.
2. The Worker has retired and the Union is seeking the Level D pay scale be applied from October 2014 to benefit his pension entitlement.
EMPLOYER’S ARGUMENTS:
4. 1. The Employer is bound by the terms of the current Public Service Agreement and was not in a position to regrade the Worker.
2. The Post was sanctioned and approved in December 2015 and therefore cannot be back dated.
DECISION:
The Court notes that the Claimant in this case was uniquely adversely affected by his proximity to retirement when his promotion took effect which had an adverse effect on his superannuation entitlements. As the Claimant does not have time to remedy and bring himself into line with all other staff similarly promoted at that time the Court finds that as a remedial measure the date of his appointment to the Grade D post should, for pension purposes only, be notionally determined to have taken place on October 14 as recommended by the Adjudication Officer/Rights Commissioner.
The Court varies the recommendation of the Rights Commissioner accordingly and so decides.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
06 June 2017Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Louise Shally, Court Secretary.