FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NOONAN SERVICES GROUP LIMITED (REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRELAND) LTD) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. An appeal of an Adjudication Officer's Recommendation No(s)ADJ-00014698.
BACKGROUND:
2. This case is an appeal of an Adjudication Officer’s Recommendation by the Employer. On 16 October 2018 the Adjudication Officer issued the following Recommendation:-
“Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Employer consults with the claimants Union to agree an updated contract of employment to take account of current employment legislation .
I recommend that the Employer pays the claimant €1,500 as compensation for the procedural containment which caused the hiatus in the company grievance procedure .
I recommend that the Employer considers the unique circumstances of the claimants case and applies the following equitable annualised pay measures to the claimant on a red circled basis .
January 2018 Hourly Rate of €12.29 per hour.
January 2019 Hourly rate of €13.29 per hour.
January 2020 Hourly rate of €14.07 per hour.
I recommend that the claimant should be aligned to the pay rates of Location X from that point forward . In the event that Location X receives a pay adjustment/ upward alignment in the intervening period, the Employer should consult with the Union and apply the commensurate increase to the claimant ."
The Union on behalf of the Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on the 23 March 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.A Labour Court hearing took place on the 24 October 2019.
DECISION:
This case is an appeal by the Employer of the Decision of an Adjudication Officer. The issue in dispute between the parties' is the Worker’s claim that she should be on the higher rate of pay that five other members of staff are receiving.
The Worker points to the fact that she is the only person left on her rate as a new rate had been brought in for new recruits. The Worker told the Court that she was doing work equal to the other workers. The worker also told the Court that she had not received a pay increase of any kind since 2002.
The Employer did not dispute that the Worker could do the work that the other five higher paid staff were doing nor did they dispute the fact that she had not received a pay increase since 2002. It was their submission that they had introduced a new lower rate which was in line with the JLC rates and that the intention was that she would mark time until her salary aligned with the lower rate. In relation to the five staff on the higher rate it was their submission that this was an historical rate that was being phased out over time.
The Court having carefully read both parties submissions and listened carefully to the arguments on the day notes that this claim by its nature can apply only to the Worker who took this case. On that basis the Court decides that the Worker should be placed on an hourly rate of €14.07 from the date of this Decision and that she become part of the red-circled group on that rate.
The Decision of the Adjudication Officer is set aside.
The Court so decides.
Signed on behalf of the Labour Court
Louise O'Donnell
DC______________________
15 November 2019Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary.