FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST KILLIANS COMMUNITY SCHOOL (REPRESENTED BY DEPT OF EDUCATION & SCIENCE) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Recommendation IR15322/03/DI.
BACKGROUND:
2. The worker concerned was employed as a caretaker at St. Killian's Community School, Bray, Co Wicklow from December 1984 up until his retirement in April 2004. In 1989 the senior caretaker at the school retired and the worker concerned fulfilled this role up until his retirement.
In the Dublin region Senior Caretakers in schools that employ more than one caretaker, are paid a senior caretakers allowance. This allowance is index linked to increases in basic pay and is also pensionable.
The Union, on behalf of its member, is claiming the senior caretakers allowance on the basis that the duties he fulfils and performs are the same and in no way different to senior caretakers in the Dublin region who receive a senior caretakers allowance.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 24th June, 2004, as follows:
".....I find that the worker's claim fails as he has been paid in accordance with the terms agreed for Senior Caretakers employed in schools outside the Dublin region."
The Union on behalf of the worker appealed the Rights Commissioner's recommendation to the Labour Court on the 4th August, 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 3rd November, 2004.
UNION'S ARGUMENTS:
3. 1. The worker's duties and the role he performs are exactly the same as other senior caretakers within the Dublin region who receive a senior caretaker's allowance.
2. The worker is referred to as the senior caretaker by both the School Authorities and the Department of Education & Science in all matters concerned with his employment in the school.
3. The senior caretaker's allowance is index-linked to increases in basic pay and is also pensionable. On this basis the allowance is considered as pay rather than a condition of service.
MANAGEMENT'S ARGUMENTS:
4. 1.The maintenance grading structure for all Community and Comprehensive schools outside of the Dublin area (including St. Killian's Community School) operates under a centrally agreed structure and any claim from a union for a change to that structure would fall to be discussed at national level.
2. It is management's contentionthat all of the duties carried out by the worker form part of the daily duties of a caretaker and that the worker is not required to undertake any tasks that do not form part of his contract of employment.
3. The worker has received all pay increases due under the various National Wage Agreements and is subject to the changes to work practices and enhancement of flexibility that were agreed in order to secure these payments.
DECISION:
The Court accepts that the collective agreement between the parties restricts the application of the benefit claimed to caretakers employed in schools in Dublin and Cork. Whilst this may be anomalous the Court must give effect to agreements as it finds them.
Accordingly, the Court concurs with the conclusions of the Rights Commissioner and with his recommendation.
The appeal is disallowed and the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
16th November, 2004______________________
MG.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.