FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CHILDVISION (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner Recommendation r-122112-ir-12.
BACKGROUND:
2. Childvision provides educational opportunities for visually impaired children and young adults and is funded by the Department of Education and Skills, the HSE and various fundraising events. It currently employes 120 individuals, the Claimant is one of five level 1 Braille Production staff. The Worker submits that she had a right and an expectation to be promoted from level 1 to a level 2 salary scale after she successfully completed a certificate in Braille in August 2009. Management argue that there is no automatic right to an upgrade after passing the Braille examination as alleged by the Worker.
The issue involves a claim by a Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 17th November, 2012, the Rights Commissioner issued his Recommendation as follows:-
"It is my opinion that no automatic entitlement to promotion exists and that the respondent had no alternative but to implement the changes which have resulted in the promotional opportunity being cut off for the claimant at this particular time.
It is unusual that disputes of this nature, which have a collective connotation, would come before a Right's Commissioner after it has previously been referred to Conciliation. Normally I would redirect the parties, however, in light of the fact that this is a particularly intractable dispute and in the hope that the damage to the relationship may be ameliorated.
- That the respondent extends level 1 from a six point scale to a nine point scale on a "red circle" basis for staff impacted by these events.
- That the arrangement be backdated to 1st of January 2011.
- That vacancies arising at level 2 would be closed for new entrants until such time as those impacted have been promoted. Advertisement and appointment would be made through the normal recruitment process".
WORKER'S ARGUMENTS:
3. 1. In the Worker's personal knowledge and experience, all other productionists in the office had moved from level 1 to level 2 after successfully completing the Braille examination.
2. The Worker has passed the examination and has been denied what was automatic for her work colleagues.
COMPANY'S ARGUMENTS:
4. 1. Due to budgetary constraints it has not been possible to create vacancies or increase the number of posts. No promotion of a staff member from level 1 to level 2 has taken place since 2008 when the last vacancy at level 2 arose.
2. The key criterion for promotion from level 1 to level 2 is that a vacancyat the higher level must already exist.
DECISION:
In the circumstances of this case the Court regards the Recommendation of the Rights Commissioner as providing a fair and reasonable solution to this dispute.
For the avoidance of doubt it should be noted that the Employer confirmed in the course of the hearing that in implementing the Recommendation of the Rights Commissioner the Claimant will be placed on the 9th point of the scale with effect from February 2013 and that she will receive appropriate retrospection in line with others who accepted the new scale.
On that basis the Recommendation of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
6th April, 2013______________________
JFChairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.