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LCR22278

FULL RECOMMENDATION

CD/20/133
ADJ-00021798 CA-00028625-001
DECISION NO. LCR22278

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969


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

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)


DIVISION :

Chairman: Ms O'Donnell
Employer Member: Mr Murphy
Worker Member: Mr Hall

SUBJECT:

1. An appeal of an Adjudication Officer's Recommendation No(s) ADJ-00021798 CA-00028625-001

BACKGROUND:

2. The Union of behalf of the Employee appealed the Decision of the Adjudication Officer to the Labour Court on 21 April 2020 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 16 October 2020. The following is the Determination of the Court:-

DECISION :

The issue in dispute between the parties relates to the Worker’s current grading level and her belief that she is doing duties of a higher nature and therefore should be regraded to Executive Level.
It was not disputed that the Employer and the Worker through her Union agreed that as an exceptional measure a Mr Boyle Hr Consultant would examine the Workers claim. Furthermore, it was accepted that the Worker had full Union representation during the process carried out by Mr Boyle. Neither party raised any issues in respect of the agreed process not being followed. The Court having carefully considered the submissions of the parties and listened to the oral submissions on the day upholds the decision of the Adjudication Officer. The appeal fails.

The Court so decides.

Signed on behalf of the Labour Court
Louise O'Donnell
DC ______________________
21 October 2020 Deputy Chairman


NOTE

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