LCR22478

1.Appeal Of Adjudication Officer Decision No(S) ADJ-00027197 CA-00034802-001.

BACKGROUND:

2.The Worker appealed the Decision of the Adjudication Officerto the Labour Court on 22 July 2021 in accordance with Section 13(9) of the Industrial Relations Act, 1969. On 16 June 2021 the Adjudication Officer issued the following Recommendation:-

"A worker of the clear calibre of the person in this dispute will, I have every confidence, soon avail of future promotional opportunities. However, as regards this dispute, CA-0003482-001, it is Recommended that the Worker, who is clearly held in high regard by the Employer, accept the situation arising from the September 2017 WRC Group of Unions Agreement and the job evaluation outcome in 2019."

A Labour Court hearing took place on 8th October 2021.

DECISION:

This is an appeal by SIPTU of an Adjudication Officer’s Recommendation ADJ-00027197 on behalf of a worker with Iarnród Éireann.

The matter before the Court is a claim by the Worker for restoration of a Higher Duty Allowance.

The Adjudication Officer rejected the Worker’s claim on the basis that the dispute was covered by the provisions of a collective agreement agreed between the Employer and a Group of Unions and a recommendation could not be made that breached those provisions.

SIPTU, on behalf of its member, appealed to the Court on the basis that the Employer had failed to inform the Worker when the payment commenced in May 2017 that it was temporary or would be subject to review. Furthermore, the subsequent review of the role undertaken by the Employer breached natural justice as there was no consultation with the Worker. The Worker seeks the Court to recommend that he be moved to the Clerical Officer grade 1 salary scale or, in the alternative, that an Independent Assessor be appointed to review all aspects of his claim.

Iarnród Éireann submitted that higher duty payments are paid to workers for additional responsibilities and are usually short or medium term in nature. In this case, the Worker was in receipt of a higher duty payment for a period of two years and four months during a period of significant change. Following a job evaluation exercise, it was decided that the role he undertook at a higher level was no longer required. As a result, the higher duty payment was discontinued. The Worker appealed the matter, and a second job evaluation was conducted which did not change the outcome. Iarnród Éireann submit that concession of the Worker’s claim would seriously undermine an existing collective agreement relating to ‘acting-up’ that was agreed following lengthy negotiations with the Group of unions in 2017.

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

The union accepts that the matter before the Court is encompassed by an agreement collectively agreed between the Employer and Group of Unions that governs how and in what circumstances ‘acting-up’ payments are regularised. That agreement applies to all collectively represented grades, including the worker. In this case, the Worker is seeking that the terms of that collective agreement be set aside in his case.

The long-standing position upheld by the Labour Court is to uphold collective agreements between parties, unless requested by the parties to do otherwise. In the circumstances of this case, the Court finds that the workers appeal must fail, and the Recommendation of the Adjudication Officer is upheld accordingly.

The Court so Recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
SO'C	______________________
14 October 2021	Deputy Chairman