INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
DUBLIN INSTITUTE OF TECHNOLOGY
(REPRESENTED BY ARTHUR COX)
- AND -
Chairman: Mr Flood
Employer Member: Mr McHenry
Worker Member: Ms Ni Mhurchu
2. The Dublin Institute of Technology (DIT) is a higher educational institution which was established with effect from the 1st of January, 1993, under the Dublin Institute of Technology Act, 1992. The Institute previously comprised of six separate third level colleges under the aegis of the City of Dublin Vocational Educational Committee (CDVEC).
The claimant was promoted to the position of Senior Lecturer I (SL1), Head of School of Social Sciences, in 1994 following an open competition. She alleges that she has effectively been demoted from the position of Head of School to that of Head of Department under new restructuring proposals. She referred the issue to a Rights Commissioner for investigation but the Institute objected on the grounds that the proposals had not then been agreed or sanctioned. The claimant then referred the issue to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's recommendation. The Labour Court investigated the dispute on the 14th of September, 1998.
3. 1. The claimant was appointed to the position of Head of School following an interview by a DIT board. The appointment was endorsed by the Governing Body of DIT and sanctioned by the Department of Education.
2. It has been agreed (and is confirmed in the Structures Document of 1997) that all Heads of Schools should be graded at SL2 level. In October, 1996, another head of School at SL1 level was promoted to SL2, yet the claimant remains at SL1 level.
3. The proposed new School of Social Sciences and Legal Studies is clearly an expansion of the existing School of Social Sciences of which the claimant is Head. However, the Student Information Booklet and the Institute of Public Administration yearbook for 1998 describe the position of Head as vacant.
4. The Faculty of Applied Arts brochure for 1998 describes the claimant's position as Head of Department instead of Head of School. It is essential that the Institute confirms the claimant's position as Head of School and rectifies the damage done to her professional reputation by the publication of incorrect information.
4. 1. The proposed restructuring of existing schools and departments is currently the subject of discussions with the Teachers' Union of Ireland. When the discussions are concluded the proposals must then be approved by the Minister of Education and Science.
2. It is intended that all schools will be headed by a member of the academic staff at Senior Lecturer 2 level. If the proposed School of Social Sciences and Legal Studies is approved, an internal competition will be held for the position of Head, for which the claimant will be eligible to apply.
3. The claimant has not been demoted. She was promoted to the grade of Senior Lecturer 1 with the role and title Head of School of Social Sciences. This remains the position. It is a matter of regret to the Institute that erroneous information was published which caused concern and distress to the claimant.
The Employer confirmed, as requested by the claimant, that she was appointed as Head of School and continues to operate in that post.
The Employer apologised for the distress caused by the issuing of information to the contrary in a number of publications.
The Court recommends that the claimant accept that her position has been confirmed and also recommends that the Institute take every possible step to redress the damage caused by the incorrect title accredited to her in the publications mentioned in Court.
Signed on behalf of the Labour Court
28th September, 1998______________________
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.