FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TEAGASC - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Salary point of a worker.
BACKGROUND:
2. The worker has been temporarily employed on six separate occasions since September, 1992 to undertake clerical work in the Athy and Naas offices. On 13th November, 1995 she commenced a job sharing arrangement with a permanent staff member at Clerical Officer level on a salary of £4,044 per annum (50% of the minimum point of the Clerical Officer Scale). The Union claims that on three previous occasions the worker was paid £9,294 per annum (the 5th point of the Grade I Clerk Typist Scale). The Union's claim is that the worker should now be paid on the 5th point of the Grade II Clerical Officer Scale. Management contends that the worker voluntarily entered into the contract of employment and accepted the rate of pay offered.
The Union referred the dispute to a Rights Commissioner for investigation, but the Authority refused to attend. The Union then referred the dispute to the Labour Court on 10th January, 1996 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on 21st March, 1996, the earliest date suitable to both parties.
UNION'S ARGUMENTS:
3. 1. The minimum point of the Clerical Officer Scale is appropriate to an inexperienced school leaver. Recently an inexperienced temporary worker was employed at the minimum rate which includes the 1995 2% PCW increase, while the worker concerned has not yet received the increase.
2. The worker is an experienced clerical worker since 1972. In 1993, 1994 and 1995 she was placed on the 5th point of the Clerk Typist Scale in part recognition of her experience. She should therefore be placed on the 5th point of the Clerical Officer Scale.
3. The worker's sick leave benefit should be in accordance with the Department of Finance Circular 25/78 and her previous service should be reckonable for the purpose of calculating entitlement to sick leave benefit.
MANAGEMENT'S ARGUMENTS:
4. 1. The worker freely accepted the terms and conditions offered to her and voluntarily entered into a contract of employment, which she is now seeking to render null and void. If, in error, the PCW increase was not paid to the worker her salary will be amended accordingly.
2. The recruitment and remuneration of all staff must be sanctioned by the Department of Agriculture, Food and Forestry and by the Department of Finance. The Authority is authorised to employ temporary workers only at the minimum points of the various pay scales. During a previous period of employment in 1995 the worker accepted a salary of £7,860, which is the minimum point of the Clerk Typist Scale.
3. Any concession on the worker's claim would lead to a considerable number of knock-on claims from other staff members who have been recruited at the minimum point of their respective scales. This would set a dangerous precedent throughout the public service which would jeopardise the stability of existing and future contracts.
RECOMMENDATION:
The Court, having considered fully the issues raised by the parties in their oral and written submissions, finds as follows:-
(1)Salary level- That the claimant accepted the employment on the terms offered. Given all the circumstances however, and the indefinite nature of the contract, the Court finds that it would be unreasonable to exclude her from incremental increases.
The Court therefore recommends that she be granted incremental credit for each twelve months full-time equivalent service in the organisation.
(2)Sick-Pay- The Court recommends that the sick pay entitlements of the claimant be calculated in accordance with the Department of Finance Circular 25/78 "Sick-Pay Conditions of Temporary and Unestablished Staff."
(3)National Pay Increases- The Court notes from correspondence received since the hearing that these increases have been applied.
Signed on behalf of the Labour Court
Tom McGrath
20th May, 1996______________________
D.G./D.T
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.