The Labour Court recommended that the Department of Health & Children appoint its head porter to a newly created Corporate Services Officer post with an annual salary of €45,000. The recommendation was signed on 10 September 2010.
The worker, represented by the Services Industrial Professional Technical Union, said a 2007 understanding protected his earnings after the portering grade was eliminated. He argued that reduced overtime in his new role had caused financial loss. The Department said it had not guaranteed overtime earnings in all circumstances and noted that he retained his pay rate, key holder allowance and five hours of overtime each week.
The Court found it probable that the Department had undertaken to broadly protect the worker’s historic gross income through a new post with enhanced pay. It recommended appointment to the post from 1 August 2009, with the key holder allowance and five hours’ weekly overtime continuing.
The Court also recommended that the post come within the Public Service Agreement from 15 June 2010, subject to its terms and provisions.