Labour Court Database __________________________________________________________________________________ File Number: CD92664 Case Number: LCR13983 Section / Act: S26(1) Parties: TRALEE VEC - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim on behalf of two workers who are employed in a temporary capacity for appointment as permanent employees of the V.E.C.
Recommendation:
5. In all the circumstances of this case and, in particular,
taking into account the length of continuous full-time temporary
service which the claimants have, the the Court recommends that
they now be appointed as permanent employees of the V.E.C.
Division: Ms Owens Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD92664 RECOMMENDATION NO. LCR13983
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: TRALEE VEC
DEPARTMENT OF EDUCATION
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim on behalf of two workers who are employed in a temporary
capacity for appointment as permanent employees of the V.E.C.
BACKGROUND:
2. 1. The claim involves two employees of the V.E.C. who have
been employed in a temporary capacity since 1983 and 1985
respectively. Initially the employment was for periods of
less than 40 hours per week but in recent years the employment
has been for a minimum of 40 hours per week. The workers are
employed in the V.E.C.'s Sports Centre. They are paid out
from receipts from the Sports Centre.
2. In late-1991, the Union claimed that the workers should be
made permanent. The V.E.C. applied to the Department of
Education for sanction to create two permanent posts. No
progress was made or response received and the claim was
referred to the conciliation service of the Labour Relations
Commission.
3. A conciliation conference was held on 8th October, 1992.
The Department of Education's response to the claim was that
because of the Public Service embargo no sanction could be
given for additional posts. A limited Company is due to be
established in the near future to manage the Sports Centre.
It was suggested that this would meet the workers'
aspirations, as employment decisions will then be the
responsibility of the new Company and not subject to any
public service embargo.
4. The Union rejected the possibility of deferring the claim
until the establishment of a limited Company. Further
progress was not possible and the claim was referred to the
Labour Court on 27th October, 1992 for investigation and
recommendation. A Labour Court investigation took place in
Killarney on 17th February, 1993 (the earliest date suitable
to both parties).
UNION'S ARGUMENTS:
3. 1. The workers have long service with the V.E.C. in
sustainable positions. The V.E.C. itself has recommended the
creation of 2 permanent caretaking positions for the workers.
The workers work in a full-time capacity and pay
superannuation. The positions are self-financing through
receipts from the Sports Centre.
2. The claim is over one year old. The proposed advent of a
new limited Company does not alter the claim. The workers'
employer is the V.E.C., with which they have a contract of
employment. This is in common with all the other workers of
the Sports Centre who are permanent. The workers have the
right to remain employees of the V.E.C., thereby protecting
their superannuation and employment rights.
V.E.C.'S ARGUMENTS:
4. 1. The Sports Centre is jointly owned by the V.E.C. and
U.D.C.. It is managed by a sub-committee of the V.E.C. It is
self-financing and the workers are paid from the Centre's
receipts. A limited Company is being established to manage
the Centre and the workers will then be offered permanent
posts with the new Company. There will be no danger of losing
these posts at any future date.
2. There is no mechanism whereby the claim can be met as the
Government embargo on Public Service staffing prohibits the
creation of permanent posts in the V.E.C. area.
RECOMMENDATION:
5. In all the circumstances of this case and, in particular,
taking into account the length of continuous full-time temporary
service which the claimants have, the the Court recommends that
they now be appointed as permanent employees of the V.E.C.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________
4th March, 1993. Deputy Chairman
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.