LCR23188

PARTIES:

DIVISION:

SUBJECT:

Complaint under Section 26(1) of the Industrial Relations Act, 1990.

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 3 June 2025 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on 10 October 2025.

UNION'S ARGUMENTS:

1. The Union states its Members are seeking to have the cover they provide for annual leave, weekend Christmas and public holidays included for pension calculations purposes as this cover is regular, rostered and required.
2. The Union state these payments are allowances which are reckonable for superannuation.

EMPLOYER'S ARGUMENTS:

1. The Employer states it is satisfied that the issue was reviewed in full and that the pensionability of these payments has been assessed in accordance with the relevant circular.
2. The Employer respectfully requests the Court to dismiss the current claim.

RECOMMENDATION:

The parties are in dispute over this group of Worker’s claims for the calculation of their pension entitlement to include all regular rostered overtime. The Union submitted that the group of workers waterworks caretakers, are contracted to provide annual leave cover, Christmas cover and cover on public holidays. It is this Unions submission that this cover is regular, rostered and required by the employer. They are also obliged to provide a call out service to deal with burst pipes, leaks etc.

The Workers are contracted to provide relief cover and or assistance in other plants as directed. If they wish to take a public holiday off the onus is on them to get cover, Half of the weekend allowance is paid for providing cover.  A roster is drawn up every Christmas to ensure the plants are covered during the festive season. 

The Union stated they are relying on precedent cases IR-153807-ir-14 and Labour court recommendation LCR 23122 South-East technological University and 13 portering staff. The Union submitted that the Employer is not calculating their pension properly by excluding this overtime.

The Employer submitted that the Workers get paid a weekend allowance that is pensionable for working the weekends. Overtime is on an as needs basis, to cover holidays and public holidays and is not pensionable. Cover at Christmas is agreed in advance with the Union and Workers indicating their availability.

In 2024 the number of days covered by the Workers varied from the lowest of zero to the highest of eight days cover. The payment for this cover is not pensionable as it is on an as needed basis and does not meet the criteria set out in circular 4/2009 which provides guidance on the conditions attaching to payments that are pensionable.

The nature of the overtime and cover payments these workers receive are not permanent, quasi permanent, continuous or regular as required by the circular. The Employer stated that the payments in question are not pensionable.

The Court considered both the oral and written submissions of the parties. The Christmas cover is agreed with the Union and the amount of cover provided varies from person to person and year to year. Public holiday and annual leave cover is on an as needed basis and therefore does not meet the criteria of regular and rostered. 

The circumstances and terms and conditions of the Workers in the precedent cases citied, differ from these workers and the nature of the overtime work also differs.  

Taking all of the above into consideration the Court does not recommend concession of the Unions claim.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AL	______________________
23 October 2025	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to  Ms Therese Hickey, Court Secretary.