INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
BROTHERS OF CHARITY SERVICES
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION)
Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Mr. Somers
1. Equity of pay.
2. The Union's claim is on behalf of the worker who is employed as a Workshop Supervisor (Horticulture) and is for pay parity with Instructor / Supervisor grade (Horticulture) in the same organisation. The worker joined the organisation part-time in November 2000, and became full time in November, 2001.
The Brothers of Charity are a major provider of residential and day services to adults and children with intellectual disabilities in Waterford and South Tipperary. The employer sees the Instructors as carrying out vastly different duties to that of the Supervisors and has rejected the claim.
The Union referred the case to the Labour Court on the 19th of September, 2003, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 14th of September, 2004, in Waterford, the earliest date suitable to the parties. The Union agreed to be bound by the Court's recommendation.
3. 1. The employer's claim that Supervisors are only deployed into accredited centres is not true. A Supervisor working in the Organisation's centre in Cashel where there is no accreditation is paid on the higher rate.
2. In the original advertisement for the worker's post there was a requirement for people with the necessary qualifications to enable them to teach adults with intellectual disabilities skills in horticulture.
3. The job description attributed to the worker's post as a Supervisor is similar in content to the Instructor / Supervisors post.
4. 1. The role of the Instructor / Supervisor is currently graded as Workshop Instructor level 2 and is based at the Belmont site. The role of the Supervisor is graded at Department of Health Supervisor and is based at the Comeragh site. The Supervisor's duties are considerably less demanding than that of the Instructor / Supervisor (the employer supplied details of both jobs to the Court).
2. The organisation acknowledges that the worker is fulfilling his duties and, in some cases, has carried out tasks beyond the established job description. However, this type of initiative is not part of the Supervisor's role.
3. The worker is adequately qualified to fulfil the role of Instructor / Supervisor, and if a position became vacant he would be eligible to apply.
4. Conceding the claim would have a knock-on effect with regard to approximately 30 other employees working as Department of Health Supervisors.
Whilst accepting that the claimant is properly graded, the Court noted that he is currently undertaking duties in excess of those which could be required of him under his job specification. However, having regard to all the circumstances of the case the Court does not consider that it should recommend that the claimant be regraded. Rather, the Court is of the view that in consideration of this extra commitment he should be given extra incremental credit.
Accordingly, the Court recommends that the claimant be placed on the eight point of his current scale with effect from his last anniversary date.
Signed on behalf of the Labour Court
29th September, 2004______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.