Labour Court overturns backdated pay recommendation on Mayo County Council appeal

The Labour Court upheld Mayo County Council’s appeal and overturned a Rights Commissioner’s recommendation for backdated Plant Operator A pay. The decision was signed on 13 October 2008. The worker began employment with the council in 1999 and became a permanent Light Equipment Operator in 2005. The dispute was whether the vehicle he drove qualified him for the higher Plant Operator A rate. Management argued the vehicle was a pick-up truck and that the worker was correctly paid as a Light Equipment Operator. The union argued that the vehicle’s laden capacity qualified him for the higher rate. The Labour Court relied in particular on Circular Letter EL 15/81 and an earlier Labour Court recommendation when it overturned the Rights Commissioner’s recommendation.