FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CORK CITY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY - AND - A WORKER (REPRESENTED BY GAFFNEY SOLICITORS) DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Revised pay scales and allowances.
BACKGROUND:
2. On the 22 September 2017, the Worker referred this dispute to the Labour Court 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 7 March 2018.
WORKER'S ARGUMENTS:
3. 1. The Worker believes that he was treated unfairly when Circular 2/2014 was applied incorrectly to his pay scale.
2. The Worker submits that he is on a lower point on the pay scale than he should be based on his length of service.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer submits that the Employee is appointed to the correct point on the pay scale.
2. From the 1stNovember 2013 only one pay scale applied for this category of Employee which replaced the existing pay scales and was applied to all full-time firefighters.
RECOMMENDATION:
Background to the Dispute
The Worker was appointed as a full-time firefighter with Cork City Council (‘the Council’) on 2 September 2013. He had previously been employed by another local authority as a part-time retained fire fighter for approximately three years and seven-and-a-half months (i.e. from 18 January 2010 until 1 September 2013). The within dispute concerns the recognition by the Council of the Worker’s prior part-time service for the purposes of determining at what point on the relevant pay scale he should be remunerated following his appointment to a full-time position.
The Worker alleges that the Council did not correctly apply the second in time of two collective agreements that provided for the rate at which part-time service should be recognised for the purposes of incremental credit. The first relevant collective agreement provided for incremental credit on a 2:1 basis. This was applied to the Worker in November 2013 and resulted in his receiving 1.81 years’ service in respect of his 3.6 years’ actual service. He accepts that this was the case and was a correct application of the then applicable agreement.
In late 2013, following discussions at national level between the LGMA and SIPTU, agreement was reached to provide incremental credit on a year-for-year basis for prior service as a part-time retained firefighter. The date of implementation of the new agreement was 1 January 2014. The new agreement did not provide for retrospection.
The Council submits that the Worker was placed on the correct point of the applicable scale and correctly remunerated at all times. He was placed on point 2 of the pay scale set out in Circular EL 17/90 on his commencement date of 2 September 2013. This included recognition of one year’s credit of the 1.8 years’ incremental credit to which he was entitled. The additional 0.81 years’ service was provided for by bringing forward the date of his next increment from September 2014 (the first anniversary of his appointment) to November 2013.
Recommendation
Having considered the parties’ submissions, the Court finds that the Worker was entitled to have his prior service as a part-time firefighter credited on a 2:1 basis following his appointment as a full-time firefighter in September 2013 in accordance with the terms of then applicable collective agreement. The later agreement - entered into between the LGMA and SIPTU in late 2013 – is stated to have a commencement date of 1 January 2014 and does not provide for retrospection. Therefore, it does not apply retrospectively to the Worker’s situation.
The Court finds, on the basis of the foregoing, that the Worker’s claim is not well-founded.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
LS______________________
28 March 2018Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.