LCR22485

FULL RECOMMENDATION

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

GALWAY CITY COUNCIL
(REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY,)

- AND -

5 ADMIN GRADES
(REPRESENTED BY FORSA, GALWAY OFFICE)

DIVISION :

SUBJECT:

1.Salary Scale on Receipt of Permanent Post Following Acting Positions For 5 Employees

BACKGROUND:

2.This dispute could not be resolved at local level and on 21 May 2019 was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 5 May 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court remote hearing took place on 28 September 2021.

UNIONS ARGUMENTS:


3. 1. The Union claims that the employees have been in effect penalised upon promotion by previously accepting a request to act up in a higher senior position.


EMPLOYER'S ARGUMENTS:

1. The Employer maintains that the starting pay on promotion of the employees has been implemented correctly in accordance with the terms of the relevant circular.

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties.

The matter before the Court concerns the application of a range of circulars to the process of establishing the starting pay on promotion of four persons who were appointed to permanent posts having acted up to higher positions for a number of years. A fifth person referred to at the Court does not appear to have been appointed to a permanent post and consequently the specific matter referred to the Court does not appear to relate to him.

The Court is aware that the circulars whose application is in dispute are, effectively, nationally agreed between the employer side and trade unions representing workers in the sector. The Court is also aware that the industrial relations arrangements in place between the parties in the sector includes a joint independently chaired national forum for engagement on national issues.

The Court understands that little engagement has taken place between the parties involved in this dispute for a period of two years prior to the referral of the matter to the Court in 2021. It is the view of the Court that this delay has not been helpful to the resolution of the matter and has of course been a challenge to the parties and in particular to the individuals seeking a resolution of matters affecting them personally.

In all of the circumstances, the Court does not believe it would be appropriate to interpret a range of national circulars affecting workers and authorities across the sector nationally by way of making a definitive recommendation in this matter which affects four persons.

The Court therefore recommends that the matter of starting pay on promotion to a permanent post for persons in the position of the four persons before the Court should be placed on the agenda for the next meeting of the national forum. If a resolution to the matter is found nationally that resolution should be applied in an agreed manner to the four persons before the Court in an agreed manner.

If appropriate, the matter outlined to the Court affecting a fifth person should similarly be placed on the agenda of the national forum.

The Court so recommends.

NOTE

Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.