Labour Court Database __________________________________________________________________________________ File Number: CD9037 Case Number: LCR12855 Section / Act: S67 Parties: CITY OF DUBLIN VOCATIONAL EDUCATION COMMITTEE (CDVEC) - and - MANUFACTURING SCIENCE FINANCE |
Claim by the Union on behalf of temporary technicians for incremental credit.
Recommendation:
5. The Court has considered the submissions made by both parties.
The Court accepts that temporary posts are designed to cater for
short to medium term exigencies, and also accepts that they do not
confer any rights of permanency, but is of the opinion that where
such temporary employment is unduly prolonged the payment of
service increments appropriate to the grade concerned is not
unreasonable. The Court, in this case, therefore, recommends that
qualified temporary technicians who have been employed
continuously in posts for a period of two years or longer should
qualify for increments on the commencement of their third year of
service and thereafter.
Division: Mr O'Connell Mr Brennan Mr O'Murchu
Text of Document__________________________________________________________________
CD9037 RECOMMENDATION NO. LCR12855
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CITY OF DUBLIN VOCATIONAL EDUCATION COMMITTEE (CDVEC)
and
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Claim by the Union on behalf of temporary technicians for
incremental credit.
BACKGROUND:
2. The claim concerns five temporary technicians who are employed
at various colleges of technology. From time to time the CDVEC
employ temporary technicians for a variety of reasons including
the provision of cover for workers on career breaks, maternity
leave etc. Some of the workers concerned have been employed on a
long term temporary basis, however they remain at the first point
of the incremental scale. The Union is claiming that any workers
who are employed for more than a year should progress along the
incremental scale annually. Management has rejected the claim.
Local discussions failed to resolve the issue which was referred
to the conciliation service of the Labour Court on the 22nd
November, 1989. A conciliation conference was held on the 8th
January, 1990 but no agreement was reached. The dispute was
referred to the Labour Court on the 11th January, 1990. A Court
hearing was held on the 16th February, 1990.
UNION'S ARGUMENTS:
3. 1. There has been a long standing arrangement between the
parties concerning the appointment of temporary technicians.
This is normally done on the basis of a technician having a
fixed term contract i.e. 3 months 6 months, 9 months, and is
generally dealt with amicably at local level. However
Management is now using the temporary arrangement in lieu of
permanent positions. Some workers are employed in a temporary
capacity because of the embargo, to resolve a vacancy. This
means that some technicians are employed for up to seven years
on the first point of the incremental scale.
2. On this basis a situation can arise where a technician
with substantial experience working for seven years or more on
the bottom point of the salary scale, getting paid
substantially less than a newly qualified technician with a
few years permanent service. Temporary technicians employed
for more than one year should go through the incremental scale
on the same basis as permanent technicians.
CDVEC'S ARGUMENTS:
4. 1. It has been the practice in the wider public service, and
in particular educational establishments not to grant
incremental credit to temporary technicians.
2. Concession of this claim is likely to have serious
repercussive effects in other areas of the public service.
3. By their nature temporary appointments are designed to
cater for short to medium term exigencies and should not be
seen as conferring any rights to permanency.
4. The terms of the temporary nature of their appointments
were clearly explained to the workers concerned.
5. With the exception of one worker, all the workers
concerned are eligible on the basis of qualifications to apply
for full-time posts should they arise.
RECOMMENDATION:
5. The Court has considered the submissions made by both parties.
The Court accepts that temporary posts are designed to cater for
short to medium term exigencies, and also accepts that they do not
confer any rights of permanency, but is of the opinion that where
such temporary employment is unduly prolonged the payment of
service increments appropriate to the grade concerned is not
unreasonable. The Court, in this case, therefore, recommends that
qualified temporary technicians who have been employed
continuously in posts for a period of two years or longer should
qualify for increments on the commencement of their third year of
service and thereafter.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
29th March, 1990. Deputy Chairman
T.O'D./J.C.