LCR22937

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Recommendation No's: ADJ-00040027 (CA-00051435 IR-SC-00000418)

BACKGROUND:

The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 14 December 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 15 November 2023 the Adjudication Officer issued the following Recommendation:

“Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute. To bring this long running dispute to a close, I recommend the Employer should offer the Worker the sum of €10,000 compensation for the technical breach of the agreement.

A Labour Court hearing took place on 27 February 2023.

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties. The matter before the Court relates to the Worker’s contention that the employer did not implement a 2009 agreement.

The Court has examined the matter in detail and listened to the submissions of the parties. The Court is satisfied that all premium payments undertaken to be paid to the Worker from 2009 onwards were paid to the Worker at all times since that date. This has occurred despite the Worker never, since 2009, working the premium hours etc which would have justified payment of such premium payments.

The Worker had submitted that his holiday pay was incorrectly calculated over the years and, consequently, his pension has been negatively affected. The Court is fully satisfied that no such miscalculation has occurred and that his pension entitlements will be fairly and properly calculated in accordance with arrangements for all staff of the employer. The Court additionally notes that the Worker has benefitted by being placed in a grade and subsequently upgraded despite the fact that he carries out none of the duties of the grade he currently occupies.

The 2009 agreement committed the parties to discussion in an effort to resolve matters by means of salary and grade adjustments. The Court is satisfied that this commitment was met on the part of the employer but notes that agreement was not reached on suggested approaches in subsequent years despite significant utilisation of the state’ dispute resolution institutions and other mediation mechanisms.

In all of the circumstances, the Court can find no basis to conclude that the employer failed to implement the 2009 agreement in good faith. As a consequence of this conclusion, the Court cannot recommend concession of the within claim.

The Court recommends therefore the within claim should be rejected as being without merit.

The recommendation of the Adjudication Officer is set aside.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
AR	______________________
6 March 2024	Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Aidan Ralph, Court Secretary.