FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH & SAFETY AUTHORITY (REPRESENTED BY IRISH BUSINESS & EMPLOYERS CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Application of added years for pension purposes.
BACKGROUND:
2. The Union has submitted a claim on behalf of Health and Safety Inspectors (100) employed by the Health and Safety Authority (HSA) regarding their entitlement to full parity with Civil Service grades for pension purposes. The Union states that the inspectors of the HSA had a traditional linkage with the civil service as set out in the Health and Safety Act, 1989.
It claims that the new proposed scheme for Professional Added Years is not identical to the one currently enjoyed by professional staff in the Civil Service and wants circular 12/97 to apply to the inspectors employed by the HSA as and from the 1st of January, 1993.
The HSA states that a draft scheme for Grant of Professional, Technical and Specialist Added Years for (a) former Civil Servants and (b) direct recruits, was submitted for approval to the relevant Departments. Management claims that the scheme for former Civil Servants has been approved by the Department of Finance. However, the proposed scheme for direct employees has not been approved as the Department of Finance want the draft to be modelled on the scheme for direct recruits to Non-Commercial Semi-State Bodies.
As no agreement was possible between the parties, the dispute was referred to the Labour Relations Commission. Conciliation conferences were held on the 30th of May, 2000 and the 14th of July, 2000 but no final agreement was reached. The dispute was referred to the Labour Court on the 19th of July, 2000 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 19th of September, 2000.
UNION'S ARGUMENTS:
3. 1. The 1997 amendment/improvements to the 1985 scheme covered in circular 12/97 which amends circular 11/85 should be made applicable to inspectors employed by the HSA.
2. The Union represents all professional civil servants. The revised arrangements were negotiated in 1997 and at no time was it agreed to confine it to civil servants alone.
3. Pay and conditions of employment in the Non-Commercial Semi-State Companies are always identical to those obtaining in the civil service.
4. There will be no knock-on effects if the claim is conceded.
MANAGEMENT'S ARGUMENTS:
4. 1. Since the formation of the H.S.A. it has endeavoured to meet its obligations to its employees in the area of superannuation.
2. The H.S.A. has submitted schemes for approval to the Department of Finance who have approved the scheme for dealing with former civil servants but have rejected the proposal in relation to "direct recruits".
3. The Authority is bound by the decisions of the Department of Enterprise, Trade and Employment, and the Department of Finance and cannot act unless approval is granted.
4. The H.S.A. has acted in good faith at all times in relation to this claim and have attempted to be fair and reasonable in their approach to this issue.
RECOMMENDATION:
The Court recognises the attempts made by both sides to have the Department of Finance circular 12/97 approved on behalf of both former civil servants and direct employees of the Board.
The Court notes the Union's argument that when negotiations on the new revised scheme was ongoing in the Civil Service in 1997, that it considered it a fait acompli that it would automatically apply to the non-commerical state sponsored bodies. The Department conversely indicated that it was never the intention to extend it.
The Court recommends:-
Civil Servants on secondment to HSA
The Court is of the view that the terms and conditions of employment, including the formula for added years, are preserved by the terms of those employees seconded to the HSA and that circular 12/97 should apply to such employees in the same manner as it applies to "civil servants".
At some time in the future should they relinquish their entitlement to employment as civil servants and become direct employees of the HSA then at that point their civil service terms are preserved and will apply without further adjustments.
Should they opt to set aside their civil service entitlements at the time they become direct employees of the HSA in favour of those terms applying to direct employees, they should be allowed to do so.
Direct recruits to the HSA
The Court does not accept that directly recruited employees to the HSA should have access to civil service superannuation terms.
In the circumstances and in view of the considerable work carried out by the HSA to date, the Court is of the view that the parties should jointly formulate a broad document that will comply with the standard scheme for non commercial state sponsored bodies.. The Department of Finance should offer guidance on formulating such a scheme. This process should be completed by 31st January 2001. Employees directly employed will be entitled to the new approved scheme.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th October, 2000______________________
LW/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.