INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
HEALTH SERVICE EXECUTIVE-MIDLAND AREA
- AND -
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Equal pay.
2. The dispute concerns a worker who commenced employment on the 15th October, 2001 as a general operative. The worker claims that he is in receipt of a lower rate of pay than fellow workers on the same grade and carrying out the same duties. Management rejected the claim. On the 22nd August, 2004 the worker referred a complaint to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Court hearing was held in Mullingar on the 15th February, 2005.
3. 1. The claimant carries out all the duties applicable to a general operative in the Board's employment. He also carries out a number of the duties of a semi skilled labourer with whom he works and who is a comparator in this instance. The worker contends that on that basis he is entitled to the semi skilled rate of pay.
4. 1. Following negotiations with the relevant union an agreement was reached which provided for the upgrading of two general operatives to semi skilled labourer. As there were four general operatives involved it was agreed to share the differential between the four workers, including the claimant.
2. Management is concerned that a precedent would be set if an individual who has benefited from the terms of such an agreement, can single-handedly have the agreement set aside without the support of either his colleagues or union.
The claimant's present position is covered by a collective agreement, to which he is a party, between the employer and his trade union.
In the view of the Court, nothing has changed which would justify the concession of the claim. Accordingly the Court does not recommend in favour of the claimant.
Signed on behalf of the Labour Court
24th February, 2005______________________
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.