LCR23137

CD/24/353

DECISION  NO.  LCR23137

PARTIES:

DIVISION:

Chairman:	Mr Haugh
Employer Member:	Mr Marié
Worker Member:	Mr Bell

SUBJECT:

Pensionability of the Dog Handler Instructor Allowance

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 20th December 2024 in accordance with Section 26(1) of the Industrial

Relations Act, 1990.

A Labour Court hearing took place on 6th March 2025

RECOMMENDATION:

Background to the Dispute

The within dispute relates to two Members of An Garda Síochána attached to the Garda Dog Unit. The Members are in receipt of three different allowances: (a) Dog Handler Allowance of €3,274.40 per annum; (b) Instructor’s Allowance of €9,148.08 per annum; and (c) Unsocial Hours Allowance of 25% of salary. A member of Garda rank at the top of the incremental scale can earn €13,779.50 per annum in respect of Unsocial Hours Allowance.

Only two of the three allowances are reckonable for pension purposes on retirement (i.e. The Dog Handler and Unsocial Hours Allowances). The Members are seeking a Recommendation from the Court that all three allowances should be reflected in their pensions on retirement.

 

GRA Submission

The GRA submits that there is a discrepancy between the Members’ ongoing pension contributions and the pension benefit they will receive on retirement. It further submits that payment of both the Dog Handler’s Allowance and the Instructor’s Allowance to the Members (in addition to the Unsocial Hours Allowance) was approved by Senior Management in recognition of the unique dual role that they play i.e. as instructors in the Garda Dog Training School while also being available for deployment with their specialist dogs whenever operational requirements dictate.

 

Management Submission

Management accepts that the circumstances that apply to the two Members on whose behalf the within claim is being advanced are unique. It is submitted on Management’s behalf that the general position in An Garda Síochána, as per HQ Directive 80/06 is that (a) the Instructor Allowance is incompatible with Unsocial Hours Allowances (other than those derived from public holiday detail) and (b) only one fixed allowance should apply per post. However, the exceptional payment of both Fixed Allowances to the Dog Handlers/Instructors in this case is justified, in Management’s submission, by reason of the fact that the Members are performing an instructor role, without which external training would need to be sourced from another police service. It is also accepted that the work of a Dog Handler naturally includes unsocial hours working and, therefore, payment of Unsocial Hours Allowances is also appropriate. It is also Management’s position is that the general rationale for payment of the Instructor’s Allowance in the force is to offset the loss of payment of Unsocial Hours Allowances in the case of Members who are primarily deployed in Instructor roles.

Management submits that the exceptional arrangement which applies to the two Members in this case should not give rise to an expectation that both Fixed Allowances would be reckonable for pension purposes particularly having regard to the fact that pension contributions are not payable on those Fixed Allowances. Were the within claim to be conceded, it is submitted, the outcome would give rise to an unnegotiated variation of the current pension arrangements and would be a cost-increasing claim contrary to the Public Service Agreement.

 

Discussion and Recommendation

The Court notes that both Parties are in agreement that each of the allowances referred to herein are allowances in the nature of pay. The Court further established that there is no circular or other provision which excluded any of those allowances from being reckonable for pension purposes. That being the case, the Court recommends concession of the within claim.

 

The Court so recommends.

	Signed on behalf of the Labour Court
	Alan Haugh
CC	______________________
27th May 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Ceola Cronin, Court Secretary.