FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUBLIN CITY COUNCIL - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal of a Rights Commissioner's Recommendation R-052237-IR-07/EM.
BACKGROUND:
2. The Worker concerned was appointed to the post of Inspector - Mechanical, Heating Ventilation & Air Conditioning Section, Mechanical Division on the 8th April, 2005. Prior to the permanent appointment he was acting into the position of Inspector on a temporary basis from October 2001.
The Worker claimed that on appointment he should have received incremental credit for the period of time he was acting-up and that he was placed on the wrong point of the scale as a result.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 15th January 2008, as follows:-
'Having carefully considered the matters in this case I recommend that this claim isnotwell founded and consequently the claim fails.'
The Union on behalf of the Worker appealed the recommendation to the Labour Court on the 26th February, 2008, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 11th April, 2008.
UNION'S ARGUMENTS:
3. 1.At no time did the Worker's local manager state to him that his acting position was as a consequence of a secondment arrangement with Ballymun Regeneration.
2. The Union maintains that the decision not to fill the post as pertaining to the Worker was taken locally by the then Acting Deputy City Engineer and the HR Department only acted to fill the post based on the receipt of the request to fill it dated 17th August 2004.
MANAGEMENT'S ARGUMENTS:
4. 1. Dublin City Council believes that it acted in a fair and reasonable manner towards the Worker and in accordance with agreed procedures for pay determination.
2. The Worker was treated in the same way as any other Council employee in the same circumstances.
DECISION:
In all of the circumstances, and while noting with approval the change from 2005 in the arrangements regarding persons acting-up, the Court endorses the Rights Commisioner's Recommendation and dismisses the appeal.
Signed on behalf of the Labour Court
Raymond McGee
6th May, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.