FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUBLIN CITY COUNCIL (REPRESENTED BY LGMA) - AND - FIONA CRAVEN (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner Recommendation r-134708,134709-ir-13/JT.
BACKGROUND:
2. This dispute concerns the Workers' claim that she was given the wrong incremental date and that she has not received increments on the Resident Engineer Salary. This dispute was referred to a Rights Commissioner for investigation and Recommendation. On the 12th November, 2013 the Rights Commissioner issued the following Recommendation.
"Having examined the submissions and supporting documentation I accept the Respondent's interpretations as the correct ones. I therefore do not find the claim well founded".
On the 17th December, 2013 the Employee appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 14th February, 2014.
3. 1.The Union contends that the Council failed to give enough weighting to the Worker's experience and competencies when determining her salary.
2.In addition the Worker has continued to carry out the duties assigned to her at the time and has subsequently taken on additional responsibilities, however the Council made the decision to devalue the allowance on the grounds that she was receiving increments on her old salary scale.
3.The Worker is currently receiving no financial benefit for the work she has undertaken.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker is relying on a 2010 Circular which was not applicable at the time the Worker took up the acting appointment in 2005.
2.Resident Engineer pay range does not have increments.
3.The Employer submits that the Worker has been paid correctly since she undertook her role as Resident Engineer in 2008.
DECISION:
Having carefully considered the submissions of both parties to this dispute the Court finds as follows:
1. Salary Increments
The Court finds that management, on the promotion of the Claimant from Assistant to Executive Engineer on 13 February 2006, applied the terms of the relevant Department Circulars in this regard.
2. Temporary Resident Engineer - Salary Range
The Court finds that Management complied with the terms of the relevant Department Circulars when dealing with the Claimant in this regard.
The Court accordingly upholds the recommendations of the Rights Commissioner in these cases.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
CO'R______________________
12th May, 2014Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Clodagh O'Reilly, Court Secretary.