FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : REGIONAL TECHNICAL COLLEGE TRALEE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Employer Member: Worker Member: |
1. Terms of employment.
BACKGROUND:
2. In 1987, the worker was offered and accepted the position of college nurse/lecturer in first aid at the College. Her work as a lecturer initially involved 4 hours per week but as the number of students increased from 500 in 1987 to 2,300 today, her hours of work also increased. The worker's duty as college nurse was 1 hour per day in 1987 but is presently 14-16 hours per week.
In mid-1995 the worker asked to have her position in the College regularised. In August, 1995, the College notified the worker that the position was to be advertised in the national press. The rate of pay offered was £11.00 per hour for a core requirement of 16-30 hours per week. The worker's pay in August, 1995, was £20.06 per hour. The worker referred the issue to the Union, which sought the ratification of the position to the worker and the maintenance of her conditions of work as applied up to 25th September, 1995. The Union is also seeking retrospection of money which, it claims, is owed to the worker since her salary was changed from £20.06 to £11.00 per hour on 25th September, 1995.
The dispute was referred to the Labour Relations Commission and conciliation conferences took place on 31st January, 1996 and 29th March, 1996. As the parties did not reach agreement, the dispute was referred to the Labour Court on 1st May, 1996, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 3rd July, 1996 in Tralee.
UNION'S ARGUMENTS:
3. 1. At no time was the worker informed, as the College claims, that her position "was strictly on a contract for an academic year" basis, nor was she required to sign a yearly contract. The worker has been established at the College for 8 years. According to the Regional Technical Colleges Act, 1992, the worker is an officer of the College.
2. Section 12, subsection 1(d) of the Act states:
"A person ...... shall not, while in the service of a college,
receive less remuneration or be subject to less beneficial
conditions of service ...... to which that person was subject
prior to the establishment date."
The service provided by the worker has been very cost effective. In 1994-1995, the College only had £100 expenditure in relation to outside professional psychological fees. All other regional technical colleges employ both a nurse and a separate counsellor. On a pro-rata basis, the worker provides the same amount of time per student now as she did in 1987, despite the huge increase in the number of students.
COLLEGE'S ARGUMENTS:
4. 1. The worker undertook teaching duties on a part-time hour basis in the mid-1980s. Each year since she has been offered employment on the same conditions. She commenced employment in a nursing capacity in 1987. In 1995, it had become clear to the College that the worker's rate of pay, in relation to her nursing service, was out of line with rates paid in other colleges. Having decided to regularise the position, the College was obliged, as a public sector institute, to advertise the position in open competition. Her rate of pay - that of a part-time lecturer - was never approved by the Department of Education or the Department of Finance.
2. During the academic year 1994/1995 the worker earned £22,549 for her nursing and teaching duties. The College cannot sustain this rate of pay in the future. The cost of the nursing service is borne by the student capitation funds. The cost of the service almost doubled from £12,000 in 1992/1993 to £22,845 in 1994/1995. In July, 1995, the Minister for Education changed the structure of the funds, and the College must now ensure that all services are subject to greater accountability.
RECOMMENDATION:
The Court, having fully considered all of the issues raised by the parties in their oral and written submissions, recommends there should be no change in respect of the lecturing hours contract emjoyed by the claimant.
With regard to the Health, Nursing and Counselling aspect, the Court recommends that the employee accepts a contract of employment of 35 hours per week during the academic year at a salary of £12,500 per annum.
Given the exceptional circumstances of the case, the claimant should receive compensation for loss of earnings in the amount of twice the annual loss.
The Court so recommends.
Signed on behalf of the Labour Court
Tom McGrath
28th August, 1996______________________
C.O'N./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.