Labour Court Database __________________________________________________________________________________ File Number: CD92724 Case Number: LCR13995 Section / Act: S20(1) Parties: IRISH COUNTRYWOMENS ASSOCIATION - and - A WORKER |
Dispute concerning the grading and salary of the post of principal at the Association's College of Horticulture, Co. Louth.
Recommendation:
8. The Court has fully considered the views of the parties as
expressed in their oral and written submissions.
The Court notes that the claim forms part of a wider claim
initiated in 1990 in respect of the Principals of private
Agricultural and Horticultural Colleges and currently the subject
of discussions elsewhere.
In the circumstances the Court considers that the issue would best
be resolved through these discussions.
It appears to the Court that there has been an inordinate and
unacceptable delay in bringing the matter to a conclusion.
The Court considers the parties concerned in these discussions
should make every effort to bring them to finality as
expeditiously as possible.
In the meantime the Court defers any further consideration of the
merits of the claim in respect of the Principal of the I.C.A.
Horticultural College.
In the event that the claim of the Principals of the Agricultural
and Horticultural Colleges is not resolved within a reasonable
period the Court, at the request of the claimant, will review the
matter.
The Court so recommends.
Division: MrMcGrath Mr Brennan Mr O'Murchu
Text of Document__________________________________________________________________
CD92724 RECOMMENDATION NO. LCR13995
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: IRISH COUNTRYWOMENS ASSOCIATION
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
and
A WORKER
SUBJECT:
1. Dispute concerning the grading and salary of the post of
principal at the Association's College of Horticulture, Co. Louth.
BACKGROUND:
2. The Irish Countrywomens Association (I.C.A.) was formed in
1910 as the women's side of the co-operative movement. It is
primarily funded by membership subscriptions from its 23,000
members who are associated through federations and guilds. In
addition to subscriptions the Association receives grant aid from
the Department of Education and Teagasc (the Body responsible for
Agricultural training) for their College of Horticulture, Co.
Louth.
3. The College is one of nine private colleges providing
agricultural and horticultural courses. In addition, there are
four other colleges administered by Teagasc. Teagasc provides
salary recoupment to the Private Colleges for certain categories
of staff, including college teachers. It also arranges grading
structure and salary scales. In the case of the principals of the
various colleges salaries are recouped as college teachers. The
appointment of principal is a matter for the individual college.
4. In February, 1990 the Association of Agricultural and
Horticultural Colleges lodged a claim with Teagasc, on behalf of
the principals of Private Colleges, for parity with principals in
the Teagasc Colleges (which are graded as Chief Agricultural
Development Officer). This claim is currently under consideration
by the Departments of Agriculture and Finance.
5. Because of the delay in processing the claim, the worker
concerned, who is principal of the I.C.A.'s College in Co. Louth,
pursued his own claim in early 1992, on an individual basis. The
Association rejected the claim and declined invitations to attend
either a Rights Commissioner's investigation or a conciliation
conference at the Labour Relations Commission. The worker then
referred the dispute to the Labour Court for investigation and
recommendation under Section 20(1) of the Industrial Relations
Act, 1969. A Labour Court hearing took place on 2nd March, 1993.
The worker agreed to be bound by the Court's recommendation.
WORKER'S ARGUMENTS:
6. 1. The post of principal carries the total responsibility for
the running of a residential college, plus the management of
commercial enterprises providing the necessary practical
training for students.
2. The duties and responsibilities of the principals' of
private and Teagasc colleges are similar.
3. The workers workload has increased since his appointment
(details supplied to the Court).
ASSOCIATION'S ARGUMENTS:
7. 1. The Association is not in a position to fund any addition
to the worker's salary as it would not be able to recoup it
from Teagasc. The College has returned a loss over the
previous two years due to external factors (details supplied
to the Court).
2. The worker enjoys a generous expense allowance, in
addition to his salary, in respect of his duties with
commercial units. Principals of Teagasc Colleges are not paid
extra allowances for their management of commercial
enterprises
RECOMMENDATION:
8. The Court has fully considered the views of the parties as
expressed in their oral and written submissions.
The Court notes that the claim forms part of a wider claim
initiated in 1990 in respect of the Principals of private
Agricultural and Horticultural Colleges and currently the subject
of discussions elsewhere.
In the circumstances the Court considers that the issue would best
be resolved through these discussions.
It appears to the Court that there has been an inordinate and
unacceptable delay in bringing the matter to a conclusion.
The Court considers the parties concerned in these discussions
should make every effort to bring them to finality as
expeditiously as possible.
In the meantime the Court defers any further consideration of the
merits of the claim in respect of the Principal of the I.C.A.
Horticultural College.
In the event that the claim of the Principals of the Agricultural
and Horticultural Colleges is not resolved within a reasonable
period the Court, at the request of the claimant, will review the
matter.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
___________________
22nd March, 1993. Deputy Chairman
M.D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.