LCR22395

FULL RECOMMENDATION

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

TRANSPORT INFRASTRUCTURE IRELAND
(REPRESENTED BY MCCANN FITZGERALD)

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

SUBJECT:

1.An appeal of an Adjudication Officer's Decision No.ADJ-00027812, CA-00035649

BACKGROUND:

2.The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 5 January 2021 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 10 December 2020 the Adjudication Officer issued the following Recommendation:-

“For the reasons stated above I recommend that the parties work together to consider if there are additional tasks that could be undertaken by the worker which would warrant a higher grade or some form of allowance. If this is not possible then the employer should do all it can to help the worker's development, perhaps through mentoring and training, that will assist him in looking for promotion in the organisation. ”

A remote Labour Court hearing took place on 20 April, 2021.

DECISION:

The Court recognises that the Worker holds a sincere belief that his post is under graded. It is not for the Court to conduct a job evaluation, so the Court can offer no observations on the validity of this view. The Court acknowledges the Worker’s frustration at the fact that there is no third party process available under which an independent evaluation of his role can be conducted.

However, this case has to be viewed against a background in which the question of the grading process in the employment was the subject of a previous Court Recommendation. The Court always has to be mindful of the ramifications that a Recommendation in a case involving an individual employee could have on employee relations more generally in the employment.

The Court is unable to recommend concession of the Worker’s claim.

The Court notes that the Worker is recognised by the Employer as a valued employee. Therefore, the Court reiterates the observations of the Adjudication Officer regarding the desirability of engagement by the Employer with the Worker regarding his development through mentoring and training to assist in the progression of his career. The Court recommends that the Worker should engage with such a process.

NOTE

Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.