Labour Court Database __________________________________________________________________________________ File Number: CD94232 Case Number: LCR14580 Section / Act: S26(1) Parties: DEPARTMENT OF EDUCATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the employment status of a worker.
Recommendation:
The Court has fully considered the oral and written submissions of
the parties.
Given all of the circumstances of the case and in particular the
long service of the claimant, the Court recommends that she be
offered permanency and placed on the maximum point of the scale
subject to a commitment by the claimant to agree to be redeployed
to other local schools to share similar duties in the event that
the workload or the student population decrease.
Division: MrMcGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD94232 RECOMMENDATION NO. LCR14580
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
DEPARTMENT OF EDUCATION
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the employment status of a worker.
BACKGROUND:
2. 1. The worker has been employed in St. Enda's Community
School, Galvone, Limerick since 26th February, 1980, as
a temporary clerk-typist on a whole-time basis. For
much of this time she was paid on the first point of the
incremental scale. Following a Labour Court
Recommendation, LCR 13175, issued on 31st February, 1991
the worker was placed on the ninth point of the
incremental scale (which has a maximum of 11 points).
Her status remained that of a temporary employee.
LCR 13175 recommended as follows:-
"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 1st March, 1991 and
that the question of her permanency be considered
at a further date in the light of any change in
recruitment policy".
2. The Union re-activated the claim for permanency and
following rejection of the claim by the Department, it
was referred to the Labour Relations Commission. A
conciliation conference was held on 11th January, 1994.
No progress was made at conciliation on the claim for
permanency. The Department did offer to place the
worker on the maximum point of the salary scale provided
it was accepted in full and final settlement of the
claim. The offer was rejected by the Union.
3. On 21st April, 1994, the claim was referred to the
Labour Court under Section 26(1) of the Industrial
Relations Act, 1990. The Labour Court investigated the
dispute on 5th October, 1994 (the earliest date suitable
to both parties).
UNION'S ARGUMENTS:
3. 1. The worker like her colleague, is employed as a full-
time clerk-typist at the school. Over the last 14 years
she has never been laid off or had her service broken.
Unlike her colleague, the worker is employed in a
temporary capacity with no pension or incremental
rights.
2. The worker's claim has been supported by the Principal
and the Board of Management. The Union could not
accept the Department's offer of the maximum point of
the payscale as it would have closed the issue of
permanency. The worker's position is necessary for the
proper running of the school and therefore is a full-
time post. The worker should receive the benefits of
her service accordingly.
3. The Union believes that the only decision which is fair
and proper is for the worker to be granted permanency
with a reasonable date for retrospective payment on the
maximum point of the scale. The claim is unique, non
repercussive and of long standing and requires no
further investigation.
COMPANY'S ARGUMENTS:
4. 1. The Department has complied fully with the Court's
recommendation regarding the worker's placement on the
9th point of the clerk-typist scale. However, the issue
of giving the worker permanent status does not arise as
there has not been any change in recruitment policy in
relation to the employment of additional clerical staff
in community and comprehensive schools since the issue
of LCR 13175.
2. The school is entitled to one full-time secretarial
post plus part-time hours. As this requirement is
already fulfilled it is not open to the school to create
a second whole-time post by making the worker permanent.
The appointment of the worker to work a 35 hour week was
made without consulting the Department and the allotment
of hours for the appointment is in contravention of the
Department's regulations.
3. An additional budgetary allocation has been made to the
school for the worker on an entirely exceptional basis
having regard to the particular circumstances of the
worker's employment. A concession of the Union's claim
for permanency could lead to serious repercussive claims
for the Department.
RECOMMENDATION:
The Court has fully considered the oral and written submissions of
the parties.
Given all of the circumstances of the case and in particular the
long service of the claimant, the Court recommends that she be
offered permanency and placed on the maximum point of the scale
subject to a commitment by the claimant to agree to be redeployed
to other local schools to share similar duties in the event that
the workload or the student population decrease.
~
Signed on behalf of the Labour Court
13th October, 1994 Tom McGrath
J.F./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.