FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CENTRAL BANK - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Appeal against Rights Commissioner's Recommendation 66/98.
BACKGROUND:
2. The worker has been employed as a catering assistant on a permanent part-time basis since February, 1998, working 30 hours per week. Full-time catering assistants work 37½ hours per week.
The Bank operates two working weeks for part-time catering assistants - 22½ hours and 15 hours. The 15-hour week pays more per hour than the 22½-hour week, which in turn pays more per hour than the full-time rate. The hourly rates applying in February, 1998, were as follows:-
Full-time £3.07
22½hours £3.77
15 hours £3.91
The Union's claim is that the worker's hourly rate of pay from February, 1998 was less than the rate applied to other permanent part-time workers, (the worker's rate was pro-rata the full-time rate). The Union is seeking that the worker be paid the difference between the full-time rate and the part-time rate, retrospective to 1988.
In 1990, as part of a pay settlement, the 22½ hours and 15 hours rates of pay were 'red-circled' for serving staff only.
In August, 1998, the worker requested a move from her 30 hours to 22½ hours at the 'red-circled' rate. The Bank agreed to the request, and claims that it understood that the worker would drop her case. The Union stated that there was no such understanding.
The Union referred the worker's case to a Rights Commissioner, and his recommendation is as follows:-
"I recommend that the worker accepts the
Company position in this instance."
(The worker was named in the above recommendation).
The Union appealed the Rights Commissioner's recommendation to the Labour Court on the 16th of July, 1998, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 6th of October, 1998.
UNION'S ARGUMENTS:
3. 1. The worker was employed as a part-time staff member as per her contract in 1988. She was employed prior to any agreement to 'red-circle' the part-time rate. For the purpose of an attendance bonus the worker was classed as part-time, yet her weekly pay was at the full-time rate.
2. The worker was stationed in Sandyford. She was not aware of the rate she could have claimed as she was the only person there working the 30 hours.
BANK'S ARGUMENTS:
4. 1. The situation with the rate of pay for part-time catering assistants was anomalous and had to be solved in 1990. An anomaly affecting a minority of a staff group (6 workers in 1988, 3 in 1998) could not be used as a basis for a claim.
2. The worker's rate of pay in 1988 was £91.88 for 30 hours at the full-time rate. Had she been paid the 22½ hour rate, her weekly wage would have been £113.10, a margin of £2 below the full-time rate of £115.13 for 37½ hours. This would clearly have led to pay destabilisation among the catering assistants.
DECISION:
The Court notes that, following the issue of the Rights Commissioner's Recommendation, the parties agreed new attendance hours in respect of the claimant and on the application of the red-circled part-time rate for those hours. Thus, the dispute, in so far as it relates to the appropriate hourly rate, is now resolved.
With regard to retrospection, the Court is not satisfied that the red-circled rate for 22.5 hour working was ever intended to apply to those employed on any other attendance pattern. In the circumstances of this case, and on the basis that the substantive issue in dispute has now been resolved, the Court considers that the employer should make an ex-gratia payment to the claimant of £500 in full and final settlement of all claims.
The Rights Commissioner's Recommendation is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
9th November, 1998______________________
C.O'N./D.T.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.