SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
DUBLIN AIRPORT AUTHORITY
- AND -
Chairman: Mr Hayes
Employer Member: Ms Doyle
Worker Member: Ms O'Donnell
1. Decision to discontinue the double increment payment.
2. This dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Workplace Relations Commission.As agreement was not reached, the dispute was referredto the Labour Court on 12 July 2016, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 26 August 2016.
3. 1.The workers involved are seeking no more than the application of the terms of the long standing agreement that governed the assimilation of Craftsmen to the Senior Foreman scale on promotion.
2.The Company has identified no authority for its contention that the terms of that agreement were at any time amended or abolished in subsequent agreements.
3.The Company has acknowledged that it has applied the double increment claimed in this case to other workers. To withhold it from these workers is unfair and without merit and should be rejected by the Court.
4. 1.Whatever arrangement existed in the distant past the two Claimants in this case were treated no differently to all others promoted over the last decade from the grade of Craftsman to Senior Foreman or other comparable grade.
2.There is no basis for treating these two workers differently to all other workers who were promoted in similar circumstances.
3.These claims were not commenced until several years after the impugned promotions took place. The Court should not support claims that were not instituted within a reasonable time.
The Court has given careful consideration to the submissions of both parties to this dispute.
The Court recommends that the Company pay Mr H the sum of €13,890 and Mr B the sum of €11,100 in full and final settlement of their respective claims.
This Recommendation is made against the background of the review of pay and conditions of employment taking place in the Company. The Court expects that those talks will develop an agreed and appropriate assimilation mechanism for staff on promotion to a higher grade.
In that context the Court so recommends.
Signed on behalf of the Labour Court
30 August 2016______________________
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.