Labour Court Database __________________________________________________________________________________ File Number: CD92686 Case Number: LCR14040 Section / Act: S20(1) Parties: TEAGASC - and - MANUFACTURING SCIENCE FINANCE |
Implementation of added years scheme.
Recommendation:
4. The Court has considered the views expressed by Teagasc
regarding the question of the jurisdiction of the Court as
outlined in correspondence to the Court. On the question of
jurisdiction the Court finds that the dispute was initiated by the
complainant formally in March, 1991 at which time he was an
employee of Teagasc and in the view of the Court "a worker" as
defined in the Industrial Relations Act, 1990. Accordingly the
Court considers that it is appropriate for it to adjudicate on the
dispute.
In respect to the substantive issue the Court has considered the
views expressed by the claimant in his submissions oral and
written, the views expressed in writing by Teagasc and the
claimant's comments on this correspondence.
It is the view of the Court that for the purpose of calculation of
professional added years, reference must be had to the terms of
Department of Public Service Circular 11/85 - and the arbitration
finding on a claim for the award of added years to certain civil
service grades.
In the case before the Court the claimant was clearly entitled to
4 years in respect of the minimum number of years in which the
required qualifications could be obtained.
With regard to the minimum number of years essential experience
required, the Court has only the information provided by the
claimant and correspondence made available to the Court by the
employer.
Using the provisions of Circular 11/85, noting that the C.V. of
the claimant was accepted for appointment, that the employer had
sought to substantiate all or part of the 2 years duties as
Government Veterinarian in the Animal Industry Division and that
information made available to the Court did not indicate that a
specified number of years experience were required, the Court
considers that in equity the 4 years 40 days should be added to
the 4 years qualification period for the purpose of calculating
the claimant's entitlement to added years and the pensionable
service calculated, as a consequence, in accordance with normal
practice.
The Court so recommends.
Division: MrMcGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD92686 RECOMMENDATION NO. LCR14040
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: TEAGASC
and
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Implementation of added years scheme.
BACKGROUND:
2. In early 1959, the worker concerned applied for a position
with An Foras Taluntais (now Teagasc) for which he was eligible on
account of his veterinary degree and research experience.
Following an interview he was appointed to the position of
research officer in May, 1959. During the course of his
employment he was in charge of research in veterinary parasitology
and rose to the position of senior principal research officer and
was acting head of the Department for a number of years prior to
his retirement in April, 1991.
Prior to taking up his position with An Foras Taluntais the worker
concerned was employed as follows:
(A) New Zealand Government Veterinarian (1953-1955) with
responsibility for disease investigation work - 2 years.
(B) Veterinary Research Officer, Department of Agriculture,
New Zealand, Wallaceville animal research station
(1955-1957) 2 years, 40 days.
In April, 1985 the Department of Public Service issued circular
11/85 which allowed for the granting of up to 10 years added years
where the minimum age limit on the qualification and/or
established Professional, Technical or Specialist post in the
civil service would not allow an officer to be appointed by age 25
and thereby acquire maximum reckonable service (40 years) by age
65.
In March, 1991, the worker applied for added years service for
pension purposes as outlined in the Department of Public Service
circular 11/85. The worker claims that he qualifies for a total
of 8 years, 40 days added years service on the basis of time spent
acquiring his veterinary qualification for which 4 years is
allowed, plus 2 years disease investigation work and 2 years, 40
days research work. Teagasc rejected the claim on the basis that
the 2 years disease investigation work did not qualify for added
years service. In the course of its investigation into the matter
Teagasc sought further information from the authorities in New
Zealand in respect of the worker's 2 years experience of disease
investigation work. The authorities in New Zealand were unable to
provide any information on the worker as records of former
employees are not kept indefinitely.
A proposal to have the matter investigated by a Rights
Commissioner was rejected by Teagasc. Local level discussions
failed to resolve the issue and the matter was referred by the
Union to the Labour Court for investigation under Section 20(1) of
the Industrial Relations Act, 1969 and agreed to be bound by the
Court's recommendation. The Court hearing took place on 11th
December, 1992. Prior to the hearing Teagasc informed the Court
that they had been advised that the Court had no jurisdiction to
deal with cases of this nature and accordingly would not be
represented at the hearing.
UNION'S ARGUMENTS:
3. 1. Details of the worker's experience as veterinary research
officer (2 years - 40 days) and disease investigation work (2
years) were included in his C.V. in 1959. Teagasc are
attempting to question the accuracy of the C.V. 32 years after
its acceptance for appointment of the worker.
2. It has been established that the worker has 2 years
experience of disease investigation work in New Zealand. Such
work constitutes research and is therefore part of the
worker's essential experience in relation to added years
service.
3. Disease or veterinary investigation work has already been
accepted by Teagasc as constituting essential experience in
the present context.
4. The worker's experience in disease / veterinary investigation
work, in addition to qualifying in its own right as essential
experience in respect of added years service also constituted a
pre-requisite for his appointment in the Wallaceville animal
research station.
5. A proposal by Teagasc that a senior member of the
veterinary profession interpret the nature of disease
investigation work in the present context was subsequently
withdrawn.
6. In August, 1992 the worker submitted statements from
suitably qualified personnel setting out the essential
difference between disease investigation work and the work of
a veterinary practitioner.
RECOMMENDATION:
4. The Court has considered the views expressed by Teagasc
regarding the question of the jurisdiction of the Court as
outlined in correspondence to the Court. On the question of
jurisdiction the Court finds that the dispute was initiated by the
complainant formally in March, 1991 at which time he was an
employee of Teagasc and in the view of the Court "a worker" as
defined in the Industrial Relations Act, 1990. Accordingly the
Court considers that it is appropriate for it to adjudicate on the
dispute.
In respect to the substantive issue the Court has considered the
views expressed by the claimant in his submissions oral and
written, the views expressed in writing by Teagasc and the
claimant's comments on this correspondence.
It is the view of the Court that for the purpose of calculation of
professional added years, reference must be had to the terms of
Department of Public Service Circular 11/85 - and the arbitration
finding on a claim for the award of added years to certain civil
service grades.
In the case before the Court the claimant was clearly entitled to
4 years in respect of the minimum number of years in which the
required qualifications could be obtained.
With regard to the minimum number of years essential experience
required, the Court has only the information provided by the
claimant and correspondence made available to the Court by the
employer.
Using the provisions of Circular 11/85, noting that the C.V. of
the claimant was accepted for appointment, that the employer had
sought to substantiate all or part of the 2 years duties as
Government Veterinarian in the Animal Industry Division and that
information made available to the Court did not indicate that a
specified number of years experience were required, the Court
considers that in equity the 4 years 40 days should be added to
the 4 years qualification period for the purpose of calculating
the claimant's entitlement to added years and the pensionable
service calculated, as a consequence, in accordance with normal
practice.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
_____________________
22nd April, 1993. Deputy Chairman
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.