INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Hayes
Employer Member: Ms Doyle
Worker Member: Mr McCarthy
1. Appeal of Rights Commissioner's Recommendation R-149232-IR-14/DI.
2. The case before the Court concerns the Employer's appeal ofRights Commissioner's Recommendation R-149232-IR-14/DI.The dispute relates specifically to the Worker's claim forretrospective assimilation to the higher Grade D pay scale. It is the Worker's claim that he has been consistently carrying out the role and duties associated with Grade D since 2005 however he remains remunerated at Grade C level. The Employer rejects the Worker's claim, arguing that it is not in a position to promote employees outside of an open competition recruitment process. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 4th September, 2015 the Rights Commissioner issued his recommendation as follows:
"I am satisfied that the circumstances of Appeal Decision No AD1242 as heard by the Labour Court. I therefore declare this complaint to be well founded and recommend that the Claimant be placed on the appropriate point of the Level D scale with effect from 2nd October 2014".
On the 22nd September 2015 the Employer appealed the Recommendation of the Rights Commissioner to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 3rd December, 2015.
3. 1. The Worker is carrying out duties associated with the higher pay scale since 2005.
2. The Worker is seeking to be regraded to Level D in order to be remunerated accordingly.
4. 1. The Employer contends that upgrades and promotions are carried out by way of open competition only.
2. The Employer is bound by the terms of the current Public Service Agreement and is not in a position to regrade the Worker.
This matter came before the Court by way of an appeal by Enterprise Ireland against a recommendation of the Rights Commissioner issued on the 4th September 2015. The appeal was filed with the Labour Court on 22nd September 2015 and the case came on for hearing on the 3rd December 2015. In the interim the Government lifted the embargo on employment in the Public Sector and Enterprise Ireland was given permission to advertise a number of priority positions within the organisation. The Court was told that a Level D vacancy in the Procurement Department would be amongst the priority positions advertised.
In light of this development by the Court, by way of an interim decision, takes the view that that process should be completed in accordance with the agreements in place between the Union and the agencies. If that process does not resolve the matter the Court will revisit the issues before it and make a definitive decision on the matters under appeal.
Signed on behalf of the Labour Court
15th December 2015______________________
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.