Gas Networks Ireland v A Worker (Represented by Services Industrial Professional Technical Union)

• Jurisdiction: Ireland
• Judgment Date: 01 November 2018
• Judgment citation (vLex): [2018] 11 JIEC 0101
• Docket Number: ADJ-00012135 CA-00016073-001,FULL RECOMMENDATION,DECISION NO.LCR21808
• Court: Labour Court (Ireland)
• Date: 01 November 2018

Labour Court

FULL RECOMMENDATION

CD/18/191

DECISION NO.LCR21808

ADJ-00012135 CA-00016073-001

PARTIES:

Gas Networks Ireland

and

A Worker (Represented by Services Industrial Professional Technical Union)

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Ms Connolly

Worker Member: Mr Hall

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal of Adjudication Officer's Recommendation ADJ-00012135.

BACKGROUND:

2 2. The case before the Court concerns the Worker's appeal of Adjudication Officer's Recommendation ADJ-00012135. The dispute relates specifically to the Worker's claim for his current role to be regraded to a higher supervisory grade. The Employer rejects the Worker's claim, arguing that the role has been graded appropriately and furthermore the Worker is not carrying out a supervisory role that warrants regrading.

3 The matter was referred to an Adjudication Officer for investigation and recommendation. On the 12th July 2018, the Adjudication Officer issued his Recommendation as follows:

“I have considered this matter carefully. I recommend that the complainant accept he is graded correctly and, as advised previously, pursue his regrading aspirations by way of promotion” .

4 The Claimant appealed the Adjudication Officer's recommendation to the Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 17th October, 2018.

UNION'S ARGUMENTS:

5 3. 1. The Claimant maintains that he carries out supervisory activities in his current role.

6 2. The Claimant contends that the Employer has previously deployed colleagues of higher grades to assist in carrying out the duties of the Claimant.

7 3. The Claimant is seeking to be regraded to a higher grade to reflect the increased importance of his role.

EMPLOYER'S ARGUMENTS:

8 4. 1. The Employer asserts that the Claimant's role has not changed since it was last evaluated.

9 2. The Employer further asserts that the Claimant's role does not deviate from the job description issued to and signed by the Claimant.

10 3. The Employer maintains that it has previously dealt with claims of this nature from the Claimant and has found no merit in same.

DECISION:

11 This is an appeal by a worker of an Adjudication Officer's Recommendation which found against his claim to be regraded from his current grade to a higher grade. The Claimant sought to be regraded from Reinstatement Officer, Grade 8 (now Graded as Grade F) to...