INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
OFFICE OF PUBLIC WORKS
- AND -
REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Tanham
1. Regradingfrom the grade of Storekeeper-Clerk in Charge to the grade of Foreman Grade 3.
2. This dispute concerns a claim by the Claimant to be regraded from the grade of Storekeeper-Clerk in Charge to the grade of Foreman Grade 3. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 1st April 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 14th May 2015.
3. 1. Following a grading review in 2005, the Claimant was upgraded to her current post. This review was not based on additional responsibilities but rather a review of the grading structure.
2. Since 2005 the Claimant has taken on other duties which relate to a higher grade. The Claimant brought this to the attention of management in 2008 but was advised that a moratorium was in place.
3. The Claimant is due to retire in July 2015.
4. 1. The OPW holds the view that having additional work is generally an argument for additional hours or overtime rather than upgrading a post.
2. The duties carried out by the Claimant are well within the range of duties of her current grade of Store-Keeper Clerk in Charge.
3. The OPW would like to recognise the loyal service that the Claimant has given to the Organisation over the years.
The Court accepts that the Claimant in this case undertakes a wide range of duties and has undertaken additional responsibilities since her post was last evaluated. However, the information before the Court indicates that responsibilities of a similar nature are also carried out by others who are graded at the same level as the Claimant.
In these circumstances the Court must conclude that the work undertaken by the Claimant is within the range of duties and responsibilities of her current grading.
On the evidence before it the Court can see no justifiable basis upon which it could recommend concession of the Unions claim.
Signed on behalf of the Labour Court
22nd May, 2015.Chairman
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.