LCR23226

PARTIES:

DIVISION:

SUBJECT:

Complaint under Section 26(1) of the Industrial Relations Act, 1990.

BACKGROUND:

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 referred to the Labour Court on the 9th of June 2025 in accordance with Section 26(1) of the Industrial Relations Act, 1990.         

A Labour Court hearing took place on the 10th of February 2026.

RECOMENDATION:

The matter before the Court is a dispute relating to pay differentials between Dog Wardens employed by Cork County Council. The Council employs eight Dog Wardens, three of whom receive an allowance of €120 per week. The payment of the allowance was provided for in a 2013 LRC proposal which states as follows:

“4. Allowances

There will be three Regional Pound Keepers. The role to include intake and subsequent re-claimed, re-homed or euthanized (disposal of carcasses). Staff will receive an allowance of 120 Euro per week (taxable).”

Union Position

The Union seeks application of the €120 weekly allowance to three Dog Wardens who do not currently receive the allowance. It contends that the allowance is an agreed payment applicable to all “staff” who carry out defined duties as stated in Clause 4 of the collective agreement, and that as the three members carry out the duties specified, they qualify for receipt of the allowance. The members only became aware of the allowance following a toolbox meeting in February 2024.

Council Position

The County Council rejects the claim. It contends that the Allowance exists as a result of the 2013 LRC proposal agreed between the parties, which expressly applied to three Dog Wardens employed at that time. Its position is that the Allowance was introduced as a ‘retainer’ to compensate three individuals who provided physical premises for pound keeping and acted as Pound Keepers in addition to their Dog Warden duties. It submits that the Allowance never applied to other Dog Wardens and the claim should be rejected as it is a cost increasing claim.

Recommendation

The Court has given careful consideration to the submissions made by both parties at the hearing.

The matter in dispute relates to an interpretation of Clause 4 of a 2013 Agreement between the parties. The Council submits that Clause 4 of the 2013 Agreement applies solely to three Pound Keepers who engage in dog warden and pound keeping duties. The union asserts that each sentence within Clause 4 is a standalone provision and that, as a result, Dog Wardens (or “staff”) who carry out duties as specified in Clause 4 are eligible for the weekly allowance.

The Court notes that the LRC proposal was agreed between the parties and implemented in 2013. The claim before the Court was lodged by the union some eleven years later in 2024. The Court notes that since 2013 payment of the €120 weekly allowance has applied only to individuals who provide pound keeping facilities. The application of the agreement in practice supports the company’s interpretation of the agreement.  Having regard to that fact and in light of all of the circumstances, the Court sees no basis to find in favour of the Union’s claim. The claim is rejected.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
AR	______________________
16 February 2026	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Mr Aidan Ralph, Court Secretary.