FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL COLLEGE OF ART & DESIGN (NCAD) - AND - A WORKER (SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Failure to Agree on Terms for Implementation of LCR19037.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union on behalf of its member, in relation to the implementation of the terms of Labour Court Recommendation No.19037 issued in October, 2007. LCR 19037 dealt specifically with the Worker's claim to obtain Eligible Part-Time Lecturer (EPL) status in line with the terms of the Eligible Part-time Lecturer Agreement signed by the Company and the Union in 1991. The Court at that time recommended that both parties continued discussions by means of a further Conciliation Conference held under the auspices of the Labour Relations Commission. A series of subsequent Conciliation Conferences were held however agreement could not be reached.The dispute was referred to the Labour Court on the 19th June, 2012 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th August, 2012.
UNION'S ARGUMENTS:
3. 1. The Union contends that the Worker has been treated less favourably than his colleagues and continues to be treated in an inequitable manner.
2. The Union asserts that the Employer has not made any significant effort to implement LCR19037 and to grant the Worker EPL status.
3. The Union on behalf of its member is currently seeking the retrospective application of full EPL status, to be applied from October 2007.
EMPLOYER'S ARGUMENTS:
4. 1. The College maintains that the Worker has not been treated any less favourably than his colleague.
2. The College asserts that the Worker's claim holds a unique set of circumstances and must be viewed on its own merits.
3. The College contends that it has made every effort to resolve this issue and has offered alternative proposals to the Worker.
RECOMMENDATION:
- Having regard to all the circumstances of this case the Court is satisfied that the offer made by the College in respect to the Claimant is reasonable and reflects the hours worked by him at or around the time the claim was made. The Court recommends that this offer be accepted subject to the following modification.
Having regard to the Claimant’s service as a part-time worker the Court believes that it would be reasonable to fix his salary at the eighth point of the relevant scale. The College's offer should be adjusted accordingly.
The offer as modified by this recommendation should, if accepted, take effect from 1stJanuary 2011.
Signed on behalf of the Labour Court
Kevin Duffy
28th August 2012______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.