FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL COLLEGE OF ART & DESIGN - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Use of hourly paid staff in a Permanent Lecturer Post.
BACKGROUND:
2. In September, 2008, the worker was offered a fixed-term contract on an Eligible Part-time Lecturer (EPL) grade in Core studies. The contract lasted until 31st July, 2010, when she took a post as a part-time teacher and the College reverted to paying her at an hourly rate. The Union's case is that the worker's duties are very similar to when she was an EPL, and that she should continue on her EPL grade on a permanent basis on point 5 of the scale. The College's position is that it had to abolish the EPL post on financial grounds and that the worker's current part-time teaching duties do not constitute an EPL post.
The dispute was referred to the Labour Relations Commission (LRC) and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 10th December, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. Two hearings took place, one on the 7th April, 2011, and a second on 17th August, 2011.
UNION'S ARGUMENTS:
3. 1. Hourly-paid staff do 240 hours per year. In 2010 the worker did 270 hours which means that she was over the criteria for hourly-paid employees. She should have been paid as an EPL with her pension entitlements protected.
2. The worker is contracted to do the duties of an EPL which is essentially 14/18ths of the full-time post (the Union supplied details of the worker's duties). The work she is doing now is the same as when she was an EPL.
COLLEGE'S ARGUMENTS:
4. 1. The worker accepted the part-time hours in Core Studies for the year 2010/2011 and those hours were for that year only. She made no challenge to the nature of the work or the pay.
2.There is a significant difference between the work of a part-time teacher and that of an EPL (details supplied to the Court.) If the College were to fund an EPL appointment again it would have to be on the basis of an open competition.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this dispute.
The Court finds that the College was compelled on financial grounds to suppress an EPL post that was being filled on a fixed term basis by the claimant. The Court further finds that should the College decide to reinstate the post on a permanent basis it should be advertised in accordance with normal recruitment procedures in place for the filling of such posts.
The Court notes that there is no job description for hourly teaching staff in the College. The Court is of the view that this shortcoming has contributed to the confusion that arose in this case. Accordingly, the Court recommends that the matter be addressed as a matter of urgency.
The Court, however, notes that the claimant, with the consent of the College, carried out work above and beyond that required by the contract she held with the college in 2010/2011 academic year. Accordingly, the Court recommends that the parties meet to agree a measure of compensation by way of a lump sum payment commensurate with the higher-grade work that was undertaken by the claimant.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
29th August, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.