FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GALWAY-MAYO INSTITUTE OF TECHNOLOGY - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Various Issues
BACKGROUND:
2. This case concerns a dispute between the Galway Mayo Institute of Technology (G.M.I.T.) and the worker in relation to his terms and conditions of employment. The worker has been employed as a part time lecturer since1989 by the City of Galway Vocational Education Committee (G.C.V.E.C.) and from 1st January 1993 by the G.M.I.T.
The worker's claim concerns his assertions that a) he was not given an Eligible Part Time contract (E.P.T.) until March 2001 despite being eligible for one since 1990, b) did not receive incremental credit on appointment to the E.P.T. post, c) did not progress to the Lecturer grade and d) was disadvantaged in respect of pension entitlements on the basis of his grading structure.
Management's position is that it has applied all relevant pay increases and entitlements to the worker during his employment. Management contend that a PCW agreement concluded in 1998 conferred EPT status on eligible staff and that the worker received regrading and incremental credit on foot of that agreement from 1st September, 1999. It further contends that the worker could not progress to the Lecturer grade on the basis that he did not hold the required academic qualifications (Masters equivalent or better). Management is also of the view that the there should be no disadvantage on pension entitlements if a masters qualification is attained and the worker progresses to the Assistant Lecturer grade.
The worker referred the dispute to the Labour Court on 1st September 2009 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 23rd September, 2009.
RECOMMENDATION:
The Court notes that the claimant received an EPT contract in 1999. The Court also notes that he became eligible for incremental credit from that date, but never achieved the 630 teaching hours required per annum, to qualify for incremental progression.
It is a matter of record that the College requires candidates for the position of Assistant Lecturer to be in possession of a Master's Degree qualification. The Claimant does not have this requisite qualification.
The College gave evidence that the Claimant's representative contacted the college in 2006 in relation to the claim. The College responded to the Union in writing and heard nothing further in connection with this matter until April, 2009.
The claim before the Court concerns matters dating back to 1999. The Company stated that the Claimant never used the agreed internal grievance procedure to progress his issues and failed to attend a meeting in July, 2009 to discuss the matters arising, when invited to do so. The Claimant did not contest this statement.
The Court notes, however, from the discussion that took place between the parties during October, 2009 that the College may be willing to assist the claimant in obtaining the post-graduate qualification for progression to Assistant Lecturer level.
The Court believs that the best solution to the current problem lies in the Claimant obtaining the appropriate post-graduate qualification to allow him to proceed to the level of Assistant Lecturer. The Court is of the opinion that the College should assist the claimant in obtaining such a qualification within the parameters of its own policies and procedures on such matters and that the Claimant make all efforts to otain the required Degree. The Claimant may then apply for a position of Assistant Lecturer when one becomes available and be in a position to demonstrate his academic suitability for such an appointment.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
9th October 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.