Labour Court Database __________________________________________________________________________________ File Number: CD92384 Case Number: LCR13804 Section / Act: S20(1) Parties: CO LOUTH VOCATIONAL EDUCATIONAL COMMITTEE - and - A WORKER |
A dispute concerning the removal of Class 111 part-time status and downgrading.
Recommendation:
5. Having considered the submissions and noting the eligibility
rules under the Union/Department of Education Agreement the Court
cannot find in favour of the claimant.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD92384 RECOMMENDATION NO. LCR13804
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT 1969
PARTIES: CO LOUTH VOCATIONAL EDUCATIONAL COMMITTEE
and
A WORKER
SUBJECT:
1. A dispute concerning the removal of Class 111 part-time status
and downgrading.
BACKGROUND:
2. 1. The claim is brought by a part-time teacher employed by
Louth Vocational Education Committee (V.E.C.) at Dunleer
Vocational School. The teacher has been employed at the
school since 1980 and is seeking equal status with her fellow
part-time teachers in terms of salary and conditions of
employment.
2. The worker had enjoyed equal status until 1989 when the
Department of Education reached an agreement with the
Teacher's Union of Ireland (T.U.I.) that part-time teachers
who are fully qualified for permanent whole-time appointment
would enjoy pro-rata benefits in terms of salary and
conditions to whole-time permanent appointees (details
supplied). As the worker did not have the relevant
qualifications required for a permanent appointment she did
not benefit from the terms of the agreement except in so far
as she received an additional payment of #300 to the pro-rata
equivalent of the minimum point of the scale.
3. The worker claims that the agreement discriminated against
her in favour of her part-time colleagues. The dispute was
referred to the Labour Court by the worker by letter dated
24th June, 1992 under Section 20(1) of the Industrial
Relations Act, 1969. A Labour Court investigation took place
on 7th October, 1992 (the earliest date suitable to both
parties).
WORKER'S ARGUMENTS:
3. 1. The worker is employed by the V.E.C. since 1980 and has
committed much of her professional life to teaching. Up until
December, 1989, the worker had the same conditions of
employment as other part-time teachers. Since December, 1989,
the worker's salary and conditions have deteriorated by
comparison with her part-time colleagues. This is
discrimination against the worker, worsened by the fact that
on taking up the position, the then principal informed her
that it didn't matter that she did not have the required
qualifications.
2. The worker's contract of employment is the same as that of
her part-time colleagues who receive increments. The worker
is debarred from taking up external work without the consent
of the V.E.C. This binds the worker to the same conditions as
other part-time workers but without the benefits. Prior to
December, 1989, the worker was free to engage in external
work. The worker has 19 years' teaching experience. She is
doing the equivalent job as her part-time colleagues and is
seeking the same terms and conditions of employment.
VOCATIONAL EDUCATION COMMITTEE'S ARGUMENTS:
4. 1. The worker's qualifications do not meet the requirements
for appointment as a permanent whole-time teacher. For this
reason she is not entitled to pro rata incremental salary
under the terms of the scheme agreed with the Teachers Union
of Ireland (details supplied).
2. The worker has received all entitlements under the scheme
as they applied to her (details supplied). Any departure from
the agreed scheme would have serious repercussive effects and
involve additional costs which cannot be tolerated in the
present budgetary situation.
RECOMMENDATION:
5. Having considered the submissions and noting the eligibility
rules under the Union/Department of Education Agreement the Court
cannot find in favour of the claimant.
~
Signed on behalf of the Labour Court
Evelyn Owens
________________
27th October, 1992. Deputy Chairman
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.