INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. Hearing arising from LCR14959.
2. The dispute concerns the interpretation of LCR14959 which issued on the 10th of November, 1995 and dealt with incremental credit for three staff members. Briefly, the claim dealt with three workers who were carrying out duties without payment for a period of time. The Chadwick Report recommended a number of promotions in Teagasc, and the first phase of the Chadwick promotions took place on the 1st of July, 1994. The full background to the dispute is contained in LCR14959.
In LCR14959 the Court recommended that ex-gratia payments be made to the three workers for the following periods:
Worker No. 1 8th September, 1991 - 1st July, 1994
Worker No. 2 11th September, 1990 - 1st July, 1994
Worker No. 3 14th January, 1991 - 1st July, 1994
Point No. 2 of the Recommendation states as follows:
- "The three claimants be placed on the appropriate incremental point of the relevant scales that they would now be on had they been promoted on the original date of appointment."
Worker No. 1 £4,806
Worker No. 2 £5,841
Worker No. 3 £5,274
The Union believes that the recalculation of the incremental point should have been from the 1st of July, 1994 and that as a result of Teagasc's interpretation, the three workers have each lost a considerable amount of money.
A Labour Court hearing took place on the 19th of February, 1999, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The following is the Court's recommendation.
The Court in this case is asked to clarify aspects of LCR14959.
The background discussions between management and Union prior to the Court hearing and the perception of an agreed position is not a matter for the Court.
The Court in 1995 looked at the problem presented at the time and, in making its recommendation, tried to arrive at a position that was fair to the employees in the circumstances.
The management application of the recommendation has resulted in the claimants receiving an ex-gratia lump sum and incremental credits for period while receiving higher duty allowance, something not normally available.
The Court, having considered all aspects of this case, is satisfied that the claimants have been fairly treated and, therefore, does not recommend further concession.
Signed on behalf of the Labour Court
1st March, 1999______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.