FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST. CATHERINE'S COLLEGE OF EDUCATION/DEPARTMENT OF EDUCATION & SCIENCE - AND - IFUT DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Relocation Expenses, Loss of Earnings, Lessening of Office Conditions, Tenure/Security of Employment, Loss of Sabbatical Leave
BACKGROUND:
2. The Union's case is on behalf of five members of the academic staff who, it claims, have incurred through no fault of their own, financial losses arising from their redeployment to other institutions. The Union is also seeking reassurances regarding the future position of the claimants.
St. Catherine's College was one of two institutions in the country dedicated to the training and education of Home Economics' teachers, the other being St. Angela's College in Sligo. It was announced in September, 2003 that St. Catherine's College was to be gradually closed, and student numbers reduced by the year until final closure on 31st August, 2007. The five workers concerned redeployed to - University College Dublin, National College of Art and Design, Trinity College, Church of Ireland College of Education, and Dun Laoghaire Institute of Art, Design and Technology.
The Union claims that the workers have incurred losses in the following areas:
loss of exam payments, loss of tax allowances, relocation costs, extra travel costs, loss of facilities, loss of sabbatical leave (the Union supplied details of the various losses to the Court).
The Union is claiming a lump-sum of €5,000 and also tabled a claim of five times the annual loss of earnings. The Department has rejected all claims.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 15th August, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 15th October, 2008.
UNION'S ARGUMENTS:
3. 1. It was the Department's decision to close the College which had provided employment to the five workers for between 9 and 27 years. The entire closure of the College has been very unfair and harsh on the workers and the redeployments have involved a radical and traumatic change of career.
2. The Department's attitude was negative throughout and caused delays in trying to resolve the various issues.
3. All of the workers suffered substantial losses. The Union believes that if the €5,000 claim was conceded because of the unique circumstances of the case it would not be designated as "relocation" and would not set a precedent.
DEPARTMENT'S ARGUMENTS:
4. 1. All staff who redeployed retained their grading, salary scale and pension terms. The Department has offered to compensate redeployed staff where a genuine loss of earnings exists but it cannot justify a general compensation payment to an individual for a voluntary relocation.
2. The majority of the Union's claim relates to issues other than salary such as training budgets, office accommodation etc. The Department at no stage committed to maintaining identical terms and conditions of employment for redeployed staff in regard to these issues.
RECOMMENDATION:
In the unique circumstances of the claims as made and of the circumstances outlined regarding the case, the Court recommends that a once-off compensatory payment of €3,000 should be made to each of the claimants on a strictly non-precedential basis.
The Court notes also the commitment by the Department that there are no plans to alter the range of options available to workers in the event of the closure of a similar institution.
Signed on behalf of the Labour Court
Raymond McGee
24th October, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.