Fingal County Council v A Worker (Represented by Services Industrial Professional Technical Union)

JurisdictionIreland
Judgment Date07 September 2018
Judgment citation (vLex)[2018] 9 JIEC 0701
Date07 September 2018
CourtLabour Court (Ireland)
Docket NumberADJ-00012006 CA-00015835-001,DECISION NO.LCR21778,FULL RECOMMENDATION

Labour Court

FULL RECOMMENDATION

CD/18/187

DECISION NO.LCR21778

ADJ-00012006 CA-00015835-001

PARTIES:
Fingal County Council
and
A Worker (Represented by Services Industrial Professional Technical Union)
DIVISION:

Chairman: Ms O'Donnell

Employer Member: Ms Doyle

Worker Member: Mr McCarthy

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:
1

1. Appeal Of Adjudication Officer Recommendation No: ADJ-00012006 CA-00015835-001

BACKGROUND:
2

2. This case concerns pay.

• This matter was referred to an Adjudication Officer for investigation and Recommendation. On 4 July 2018 the Adjudication Officer issued the following Recommendation:-

“I recommend that no change be made to the complainant's rate of pay or terms and conditions of employment as long as he continues to carry out the role of Chargehand Fitter. If, in the future, a vacancy arises for the job of Foreperson Fitter Turner, if he applies for the job, he should be considered. In the meantime, if the complainant requests a letter confirming his current job title as a Chargehand Fitter in Swords/Malahide, with the rate of pay for this job, the respondent should facilitate this request and the letter should be considered as an amendment of the contract which was issued in July 2010.”

3

The Employee appealed the Adjudication Officer's Recommendation to the Labour Court on 23 July 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

4

A Labour Court hearing took place on 29 August 2018.

DECISION:
5

This is an appeal by the Union on behalf of a Worker of Adjudication Officers Decision ADJ-00012006 in which the Worker's complaint was that that the Council had failed to apply the appropriate rate of pay as per his contract. The Adjudication Officer did not uphold the complaint.

Union Position
6

The Worker commenced employment with the Employer in 2005 as a Chargehand Fitter. In July 2010 he took up the role of Foreman Fitter Turner in the Leixlip Waterworks. This role carried a higher salary rate and higher-level duties. In September 2011 the Worker became ill and was hospitalised. It is his contention that in March 2012 his entitlement to paid sick leave was running out and that in that context he sought to reduce his working hours or to be assigned to light duties. In April 2012 he returned to work at a different Depot and he was paid at the Chargehand rate. It is the Worker's contention that from time to time he raised the issue of his salary with local...

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