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LCR22208

FULL RECOMMENDATION
CD/19/408
RECOMMENDATION NO. LCR22208

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
QQI
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -
 
 A WORKER
(REPRESENTED BY FORSA)


DIVISION :

Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms Tanham
SUBJECT:
1. Compensation For Performing Duties Above Pay Grade


BACKGROUND:

2. The case before the Court concerns a dispute between the Union and the Employer in relation to the current remuneration of the Worker with regard to the work she currently and the past number of years has performed in the employ of the Employer. The Union referred the matter to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 6 March 2020. The following is the Recommendation of the Court:

RECOMMENDATION :

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

The matter before the Court arises from the Claimant’s contention that she undertakes work beyond her grade and should be acknowledged in respect of same.

The matter of the grading of the Claimant has been subject of an earlier Labour Court Recommendation and two job evaluations.

None of these fora have recommended a re-grading of the Claimant. The Court understands that the Claimant, having accepted these outcomes, now seeks a lump sum payment in settlement of her claim.

The Court considered the detailed submissions of the parties and the long history of this matter and can find no basis for recommending concession of the claim.

The Court so recommends.




Signed on behalf of the Labour Court



Kevin Foley
TH ______________________
19 March 2020 Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.