INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
THE UNIVERSITY OF DUBLIN
- AND -
(REPRESENTED BY ARTHUR O'HAGAN, SOLICITORS)
Chairman: Mr McGee
Employer Member: Mr Doherty
Worker Member: Ms Ni Mhurchu
1. 1. Equal treatment with academic colleagues (2). Compensation (including back pay)
2. The Worker's case relates to the grade (and associated pay and conditions of employment) appropriate to the worker arising from the academic duties he carries out for the College. He is a Consultant Obstetrician/Gynaecologist attached to the Rotunda Hospital and is currently paid on the Hospital Consultant scale at €152,462 per annum. The Worker believes that he should be paid at the Academic Consultant Senior Lecturer rate of €185,330, and gave as an example a comparator in the College who is paid this rate. The worker performs eleven sessions of three hours each per week, nine at the Rotunda Hospital and two at the College. He first raised the issue of his pay and conditions in 1996. The College believes that he is being paid at the appropriate rate and has termed his role as "part-time".
The Worker referred the case to the Labour Court on the 28th of February, 2006, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 26th of May, 2006. The Worker agreed to be bound by the Court's Recommendation.
3. 1. The College is paying the comparator at the Senior Lecturer rate whereas it is paying the worker the non-academic rate. He is providing the same sessional service to the College as the comparator.
2. The advertisement for the post in November, 1994, described the post as Consultant Obstetrician and Gynaecologist / Senior Lecturer and referred to it as "an existing wholetime basis". The College's description of the worker as a "part - time lecturer" is historical and arbitrary.
4. 1. The grading and pay of Hospital Consultant is appropriate to the worker's role. There are significant differences between the academic commitments required of the worker and those required of his chosen comparator of the Senior Lecturer grade. This is why his academic role is termed "part-time". (details supplied to the Court).
2. Full-time Senior Lecturer Consultant appointees are also subject to specific contractual provisions relating to College Statutes, place of residence and limitations on paid work outside College. No such restrictions have been placed on the worker.
Having considered the oral and written submissions in this case, the Court recommends that the claimant should, with effect from the date of this Recommendation, be paid the Academic Consultant / Senior Lecturer salary (currently €185,330 p.a.).
The requirements of the College in relation to his commitment to Academic Sessions performed for TCD in the Rotunda Hospital should be commensurate with the payment to him of the higher salary.
Signed on behalf of the Labour Court
12th June, 2006.______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.