FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONAL DISABILITY AUTHORITY (REPRESENTED BY A&L GOODBODY) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Early Retirement.
BACKGROUND:
2. The dispute before the Court concerns the Worker's right to retire under Article 66 of the Local Government (Superannuation) (Consolidation) Act, 1988. The Worker was transferred to the Company when the National Rehabilitation Board (NRB) was dissolved in 2001. The Company then seconded the Worker to the National Educational Psychological Service (NEPS). The Union contend that this was to be a brief interim measure as it was expected that NEPS would become a Statutory Agency which would employ him directly. It is the Union claim that the worker's office has been abolished and under the Act the Local Authority may add years to pensionable Service for this reason. The Company argue that the office was never abolished but transferred under Statutory Instrument 171/2000 and consequently he does not satisfy Article 66 of the Act.
On 22nd February 2007, the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 11th October, 2007. The Union agreed to be bound by the Court's Recommendation.
UNION'S ARGUMENTS:
3. 1 Article 66 of the Local Government (Superannuation) (Consolidation) Act 1998 states that the Local Authority may add years to pensionable service if a Worker is removed from office for a cause other than misconduct, unfitness or permanent infirmity of mind or body. It is clear the Worker no longer holds the office he did in the NRB. His position disappeared with the dissolution of the NRB and the duties and responsibilities no longer exist in any organisation.
2 The position has been materially altered to the Worker's detriment by changes in its conditions made without reasonable cause.
3 The worker is no longer a member of the management team. He now has responsibility for only two employees compared to 8 employees in the NRB. He is not eligible to apply for any promotion as the positions are confined to Civil Servants.
COMPANY'S ARGUMENTS:
4. 1 The transfer of the Worker's office was effected pursuant to the Company's statutory obligations to the Worker under the National Disability Authority Act, 1999. No NRB posts were abolished. The posts were transferred to new employment locations in accordance with the realignment of relevant responsibilities.
2 The Worker accepted the transfer to NEPS on secondment from the Company since June 2000. Therefore, the Worker cannot deny the validity of the transfer and the assertion that his office has not been abolished.
3 The Company denies that any change in the Worker's role or responsibilities that may have occurred since 2000 has resulted in the abolition of the Worker's office. He retains the same grade and title. The Worker's role is an organic one with changing and developing requirements, it does not follow that any changes in his role have resulted in the abolition of his office.
RECOMMENDATION:
The Court is satisfied that the only basis upon which the Claimant can obtain early retirement under the relevant statutory provision is that of abolition of office.
It is clear to the Court that the Claimant's office has not been abolished. Accordingly the Court cannot recommend concession of the Union's claim.
The Court would nevertheless recommend that the parties explore, without commitment, the possibility of providing the Claimant with an opportunity to sever his connection with the Authority on agreed terms.
Signed on behalf of the Labour Court
Kevin Duffy
8th November, 2007______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.