Labour Court Database __________________________________________________________________________________ File Number: CD90424 Case Number: LCR13175 Section / Act: S67 Parties: ST. ENDA'S COMMUNITY SCHOOL, LIMERICK - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
SUBJECT: 1. Claim by the Union for a part-time clerk typist to be made permanent and paid on an incremental basis.
Recommendation:
7. Having considered the submissions from the parties and taking
into account the exceptional nature of the position in this school,
where the claimant although declared part-time worked full-time and
has 11 years temporary service the Court recommends that her rate of
pay be determined as the 9th point of the appropriate scale from 1
March, 1991 and that the question of her permanency be considered at
a further date in the light of any change in recruitment policy.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD90424 RECOMMENDATION NO. LCR13175
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1976
SECTION 67
PARTIES: ST. ENDA'S COMMUNITY SCHOOL, LIMERICK
(DEPARTMENT OF EDUCATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for a part-time clerk typist to be made
permanent and paid on an incremental basis.
BACKGROUND:
2. St. Enda's Community School was established in 1973 and was
given sanction for the employment of one clerk typist on a full time
basis together with part-time clerical assistance. The worker here
concerned was employed by the Board of Management on a part-time
basis from 26th February, 1980. She has worked a 35 hour week since
her appointment. She was placed on the first point of the
clerk/typist scale (11 year incremental scale) and as her employment
is part-time she has not progressed up the scale.
3. The Union lodged a claim that the worker be made permanent and
placed on the appropriate point of the clerk/typist scale and paid
retrospection. The Board of Management accepted that the worker had
given excellent service and in the normal course of events would have
been made permanent. However the decision lay outside its
jurisdiction and was a matter for the Department of Education who
rejected the claim on the basis that the school's entitlement of non
teaching staff had already been fulfilled. The appointment was made
without consulting the Department and the hours allotment of the
appointment were in contravention of the Department's regulations.
In addition if the claim was conceded it would be in breach of the
Government's embargo on such appointments.
4. The issue was then referred to the conciliation service of the
Labour Court on 22nd May, 1990. A conciliation conference was held
on 5th July, 1990. As no agreement was reached the parties consented
to a referral to the Labour Court for investigation and
recommendation. A Court hearing was held on 19th December, 1990 a
date suitable to the parties.
UNION'S ARGUMENTS:
5. 1. The position held by the worker is long standing. The fact
that the worker has always worked a 35 hour week and has never
been laid-off means that the position must be considered to be
full-time. Part-time workers are people, who in the main, work
less hours than the normal working week or are on short term
contracts. The fact that the position held by the worker here
concerned is necessary for the proper running of the school
surely means that a full-time person is essential.
2. The Court, in previous recommendations, where workers were
employed in similar circumstances to those of the worker here
concerned, recommended in favour of the workers' claims.
(Details supplied to the Court).
3. The Department is treating the worker unfairly by keeping
her in employment on a part-time basis when in fact she has been
working in the job full-time for approximately ten years. The
worker should be given her proper status of permanency and
placed on the appropriate point of the incremental scale with
full retrospection
DEPARTMENT'S ARGUMENTS:
6. 1. The appointment of the worker concerned to work a 35 hour
week was made without consulting the Department and the hours
allotment of the appointment is in contravention of the
Department's regulations. Under the regulations which have
evolved over the years schools similar in size to St. Enda's
Community School are allowed one full time secretarial person
together with the employment of a part-time assistant allowed to
work 20 hours a week (Details supplied to the Court). As this
requirement was already fulfilled it was not open to the school
to create a second wholetime post. Whilst sanction is required
for full-time posts from the Department no sanction is required
for the hiring of a part-time worker provided only one is
employed and his/her hours do not exceed 20 per week.
2. The worker here concerned was employed by the Board of
Management who did not notify the Department of her appointment.
The Department first became aware of the situation when the
Union lodged a claim for permanency on behalf of the worker. As
the worker was employed on terms outside of Departmental
regulations concession of the claim is not possible.
3. Concession of the claim would be in breach of the
Government's embargo on such appointments and it would also have
serious repercussive effects in other areas. Accordingly the
Court is requested to recommend rejection of the Union's claim.
RECOMMENDATION:
7. Having considered the submissions from the parties and taking
into account the exceptional nature of the position in this school,
where the claimant although declared part-time worked full-time and
has 11 years temporary service the Court recommends that her rate of
pay be determined as the 9th point of the appropriate scale from 1
March, 1991 and that the question of her permanency be considered at
a further date in the light of any change in recruitment policy.
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Signed on behalf of the Labour Court
31st January, 1991 Evelyn Owens
M.D./M.O'C _______________
Deputy Chairman