This website contains decisions and determinations of both the Labour Court and the WRC. It also contains decisions and recommendations of the Equality Tribunal since 1996 and post 2007 determinations of the Employment Appeals Tribunal. For more information click here

Return to Search

LCR22389

FULL RECOMMENDATION

CD/20/334

RECOMMENDATION NO. LCR22389

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

AN EMPLOYER
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

A WORKER

DIVISION :

Chairman:	Mr Geraghty
Employer Member:	Ms Doyle
Worker Member:	Mr Hall

SUBJECT:

1. Post to be formalised or compensation for duties above contract.

BACKGROUND:

2. On the 22 December 2020 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 18 March 2021.

RECOMMENDATION :

Recommendation

The Court has no means of assessing the validity of the Worker’s assertion, which is disputed by the Employer, that his work warrants upgrading to Senior Technical Officer nor, as sought by the Worker in the alternative, is the Court in a position to dictate to the Employer what duties are proper to be assigned to him.

The Court notes that these matters are subject to collective bargaining and, in particular, that there is a comprehensive agreement in place regarding the filling of posts in the Institute. Any variations to that agreement are matters for the parties to it.

For the above reasons, the Court cannot recommend concession of the Worker’s claim.

	Signed on behalf of the Labour Court

	Tom Geraghty
H.M.	______________________
07/04/2021	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Heather Murray, Court Secretary.