INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
TRINITY COLLEGE DUBLIN
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY IRISH FEDERATION OF UNIVERSITY TEACHERS)
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Mr Shanahan
1. Appeal of Rights Commissioner's Recommendation No: r-138192-13-ir/DI
2. This case concerns an appeal by the Employer of Rights Commissioner's Recommendation No: r-138192-13-ir/DI. The issue concerns a claim by the worker that the duties she performs in the course of her work are beyond her grade as a Language Assistant and level of remuneration. Management contends that she is appropriately paid and graded and that the additional work she carries out are well within that level.
The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 26th June 2014. The Rights Commissioner recommended that on the basis of the additional duties carried out by the worker at management's request over a long period of time, an independent evaluation should be carried out to align the worker to the appropriate grade. In the absence of identifying an appropriate grade the worker should receive an appropriate rate of pay for the work she does on a red circled basis.
On the 28th July, 2014 the employer appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 3rd October 2014.
3 1 The worker is employed as a Language Assistant yet carries out duties which extends way beyond that grade. The Union is seeking that the Rights Commissioner's Recommendation be affirmed and that the appropriate grade and rate of pay be evaluated and awarded to the worker.
4 1 Management does not accept the need for a job evaluation exercise as it is unnecessary. It is accepted that the worker carries out her duties to an exceptionally high level but it is not at the level appropriate to the the lecturer grade. If the worker wishes to apply for the Lecturer grade that option is always available to her in the normal way.
This is an appeal by the Employer against a Rights Commissioner’s Recommendation which found in favour of the Claimant’s claim regarding an alleged disparity between the duties she performs and her salary grade. The Rights Commissioner recommended that an independent investigation be carried out to evaluate her current role and responsibilities and to recommend the appropriate grade that her role should be aligned with.
Having considered the oral and written submissions made by both parties the Court notes the conflict regarding the question of whether the expansion in her role results in her carrying out duties which exceed the duties of a Language Assistant as contended for by the Union or whether it is due to the normal evolution of a role as contended for by the Employer.
Based on the arguments made the Court is of the view that there are sufficient grounds to warrant an assessment of the duties and responsibilities performed by the Claimant and accordingly concurs with the findings and Recommendation of the Rights Commissioner.
Therefore, the Court upholds the Rights Commissioner’s Recommendation and rejects the Employer’s appeal.
Signed on behalf of the Labour Court
28th October 2014______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.