FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : G4S CASH SOLUTIONS IRELAND LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Hall |
1. Appeal Of Adjudication Officer Recommendation No: ADJ-00008809 CA-00011569-001.
BACKGROUND:
2. This dispute was referred to an Adjudication Officer for investigation and recommendation. On the 20 November 2017, the Adjudication Officer issued the following Recommendation:-
"In all the circumstances of this case I am satisfied that the dispute before me involves a claim which, if conceded, could potentially have broader implications for others. Therefore, I cannot knowingly create such a scenario.
Taking all the above into consideration I recommend the following:
1. That the Worker accepts that he must be bound by the collective agreement
- 2. Taking into consideration the financial implications of the human error made by the Employer’s representative I recommend that the Employer pays to the Worker a once-off sum of €2,500 by way of compensation for the error made within 42 days of the date herewith"
The following is the Recommendation of the Court:
DECISION:
The matter before the Court is an appeal by an employee against an Adjudication Officer’s Recommendation ADJ00008809. The Union on behalf of the Appellant referred a claim concerning an alleged failure by the employer to honour the terms of an agreement regarding the Appellant’s pay terms. He claimed that a commitment had been given to him on recruitment in October 2015 that he would receive increments over a three-year period to bring him up to what was described as the qualifying rate. However, management disputed this contention and maintained that he was on the correct contractual rate of pay. It accepted that prior to July 2013 there had been an incremental pay scale however, following a wide-ranging restructuring programme to ensure the company’s survival, an agreement was reached to introduce a new entrant’s rate of pay.
The Adjudication Officer in her Recommendation expressed concern that the claim if conceded, could potentially have broader implications for others on the same rate of pay which she was reluctant to do due to the restrictions of Section 13(2) of the Industrial Relations Act, 1969. Consequently, she recommended that the Appellant should accept a collective agreement in place and taking account of a human error made by the employer’s representative, she recommended that the employer should pay him the sum of €2,500 by way of compensation.
While management disputed the Appellant’s contention it stated that in the interest of resolving the dispute it was prepared to accept the Adjudication Officer’s Recommendation.
Having considered the oral and written submissions of the parties and taking into account the Company’s collective agreement on pay for new entrants, the Court does not recommend in favour of the Appellant’s claim. However, taking account of the undisputed commitment given to the Appellant on the commencement of his employment the Court recommends that the Adjudication Officer’s recommendation should be increased to €10,000. Therefore, the Court recommends that the Appellant should be paid the sum of €10,000 compensation within a period of four weeks from the date of this Decision, this payment is not in the nature of pay but rather an ex-gratia payment.
The Recommendation of the Adjudication Officer is varied accordingly.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
JD______________________
25 April 2018Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Deegan, Court Secretary.