INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
DEPARTMENT OF EDUCATION AND SCIENCE
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Mr Duffy
Employer Member: Mr McHenry
Worker Member: Mr O'Neill
1. Rehearing arising from LCR16408.
2. The worker concerned is employed as the National Youth Information Co-Ordinator of the Youth Information Research Unit (YIRU). She is on secondment from Dublin Corporation to the Department of Education and Science until the 2nd of January 2003. A number of issues concerning her employment and rate of pay were the subject of Labour Court hearings in 1999.
The Court issued recommendation number LCR16408 on the 18th of January 2000 which recommended that the parties discuss the pay issue at the Labour Relations Commission. If agreement could not be reached, the issue could be referred back to the Labour Court. The parties attended conciliation conferences but were unable to reach agreement. The dispute was then referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990 on the 27th of October 2000. The Court investigated the issue on the 18th of January 2001, the earliest date suitable to the parties.
3. 1. The worker concerned has carried out her duties professionally and with diligence for eleven years. She has given a large amount of extra unpaid attendance but feels that she has been exploited by the Department in its treatment of her.
2. The claimant is entering her twelfth year in the job but is about to be placed on the sixth point of the Engineer Grade II scale. In 1996, having completed almost seven years in the post, she was placed on the first point of the scale instead of the eighth. She should now be on a long service increment point if she had been put on the appropriate point of the scale in 1996.
3. The Union is seeking that the claimant be given full credit for the seven years in the job prior to the commencement of her current contract in 1996. Using the Assistant Principal scale, which was offered at conciliation, the claimant would have been placed on the maximum of the scale (6th point) with two years' credit towards the first long service increment (which would fall due on the 3rd of January 1997) progressing to the second long service increment on the 3rd of January 2000.
4. The claimant pays £1954 in superannuation contributions per annum which are not paid by civil servants on the Engineer Grade II scale to which she is linked. In addition, no pension contributions are paid in relation to the allowance. In order to partially remedy this situation, the Union is seeking that the relevant Assistant Principal scale which should be applied is that which pertains to entrants to the Civil Service after the 5th of April 1995.
4. 1. Following Labour Court recommendation LCR16408 discussions took place on the issue of alternative arrangements for the location of the YIRU. As agreement could not be reached, the Department accepted this position and indicated to the claimant that her secondment to the Department for seven years up to the 2nd of January 2003 would be honoured.
2. The Department offered an allowance to the claimant in addition to her salary which would equate to the most favourable cash point on the Assistant Principal scale and annual progression. This was subject to some productivity considerations such as the production of an Annual Report by the 1st of March each year, some additional reports and the updating and development of the website.
3. The Department's offer is reasonable and fair in the circumstances. It is a clear indication of the Department's readiness to comply with the terms of the Labour Court recommendation LCR16408.
The Court notes that this dispute has now been outstanding for a considerable length of time and has involved three previous references to the Court together with numerous conciliation conferences at the Labour Relations Commission. The Court believes that it is now in the interest of all parties to adopt a pragmatic approach to the issues involved so as to arrive at a final resolution of the dispute.
The Court also notes that the claimant's position with the Department is now secure until the year 2003. The representative of the Department also informed the Court that it was now anticipated that the post would continue to be located within the Department after that date.
In all the circumstances the Court recommends that the dispute be now resolved on the following basis:
1. The allowance payable to the claimant should be such as to bring her rate of pay into line with the Civil Service Assistant Principal scale which pertains to entrants to the Civil Service after 5th April 1995.
2. The claimant should be given sufficient incremental credit on her substantive salary scale so as to provide that the assimilation process will result in her attaining the equivalent of the first long service increment with effect from 3rd January 2000.
The Court so recommends.
Signed on behalf of the Labour Court
30th January, 2001______________________
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.