FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GALWAY CITY COUNCIL (REPRESENTED BY LGMA) - AND - A WORKER (REPRESENTED BY TECHNICAL, ENGINEERING AND ELECTRICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms O'Donnell |
1. Appeal of Adjudication Officer's Recommendation No: r-154910-ir-15.
BACKGROUND:
2. This case concerns a claim that the worker was inappropriately graded as an Electrical Foreman instead of Plant Manager/Clerk of Works from 2009.
The matter was referred to an Adjudication Officer for Investigation and Recommendation. On 15 July 2016 the Adjudication Officer issued the following Recommendation:-
- I am satisfied that the respondent is constrained in its response and that it is bound by the various issues and agreements it has relied upon to advance its position.
- Accordingly I am not in a position to make a recommendation in the terms requested by the claimant.
The Union on behalf of the claimant appealed the Adjudication Officer's Recommendation to the Labour Court on 19 August 2016 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 4 April 2017.
DECISION:
This is an appeal by the TEEU on behalf of an employee against an Adjudication Officer’s Recommendation which found against his claim
for regrading. The Claimant was employed as an Electrical Craft Foreman, on the basis of his workload and responsibilities he sought to be upgraded to Plant Manager/Clerk of Works retrospectively to 2009 and claimed a shift allowance for providing a 24/7 call out service.
The Union stated that the Claimant’s duties and responsibilities had increased as a result of the City Council being awarded the contract for emergency upgrade works to its water treatment plant after the Cryptosporium outbreak; the refurbishment of reservoirs in Coolough and Clifton Hill. He also submitted that as a result of changes to reporting structures, he was in charge of six Grade 5 Waterworks caretakers along with the Treatment Plant while also managing all the electrics related to the Waste Water Stations. He also had responsibility for all plumbing/mechanical and pump matters. Furthermore, he acted up in the absence of the Clerk of Works on alternate weeks with the Plumbing foreman.
In January 2009 the Claimant sought an immediate audit of his work and responsibilities. The matter was referred to the Director of Service, however, he did not receive a response. The Union stated that since that time he was in charge of the complete operation relating to the Water Drainage maintenance. The Claimant has since retired.
The City Council submitted that as this was a cost increasing claim it was debarred from conceding it under the terms of Clause 1.27 of the Public Service Agreement 2013 – 2016 (Haddington Road Agreement). In any event it contended that the Claimant was paid the appropriate rate for the type of duties he performed. It stated that the Claimant’s post was in the water services area which is now governed by Irish Water under a Service Level Agreement. The consequences of which, no matter what the circumstances, the City Council had no power to create a new post. It is currently seeking to have an additional post at Foreman level, this is a decision for Irish Water and is out of the control of the City Council.
The Court notes that for many years the Claimant was recognised by the Director of Services and others as carrying out the role of Plant Manager. At the request of the Court that parties engaged in extensive examination of the Claimant’s earnings and the potential impact of the claim on his pension, however, the Court notes that due to the make-up of his earnings versus the potential earnings he could have earned if he had been upgraded, it has not been possible to ascertain whether or not the Claimant has sustained a loss as a result of the alleged non recognition of his appropriate status.
Having considered the circumstances of this case, the Court is not in a position to concede the regrading claim. However, in recognition of the extreme delay in addressing this issue and due to the unique circumstances in the case, the Court recommends that the City Council should pay the Claimant the sum of €5,000 in full and final compensation for all matters arising.
The Court varies the Adjudication Officer’s Recommendationaccordingly.
Signed on behalf of the Labour Court
Caroline Jenkinson
23 June 2017.______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Neville, Court Secretary.