FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL UNIVERSITY IRELAND, GALWAY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IFUT DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Incorrect salary deduction in respect of a one-day strike.
BACKGROUND:
2. The case before the Court concerns a claim by the Union on behalf of approximately 50 of its members currently employed as academic staff at the National University Ireland, Galway (NUIG). The dispute relates to the method of calculation of pay deducted from the employees who participated in a one-day work stoppage in November, 2009. The Union maintains that the working week for the academic staff involved amounts to a seven day week as they are often required to make themselves available to work on weekends. The Union, on behalf of its members, therefore contends that the amount of pay deducted should have been calculated at1/7thof weekly pay and not at 1/5thas the deduction was made. The Employer rejects the Union's claim and asserts that the employees work a five day week hence the deduction was calculated accordingly at 1/5thof weekly pay. The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 9th November, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th March, 2012.
UNION'S ARGUMENTS:
3.1.The deduction in pay should have been calculated at the rate of 1/7thand not at
1/5thof weekly pay.
2. The 1/7thdeduction formula was applied across almost all other sectors of education and was sanctioned by the Department of Education and Skills.
3.The Employees were treated in an unequitable manner by suffering the loss of1/5thof their weekly pay particularly when they are often required to work outside of the standard five-day week.
EMPLOYER'S ARGUMENTS:
4.1. The 1/5thformula was applied to Employees across all Universities.
2. Concession of the Union's claim would lead to further implications in areas including the calculation of pay for unpaid leave, part-time workers and job sharers, amongst others.
3. The standard working week spans from Monday to Friday and does not include weekends. The deduction at the rate of1/5thof weekly pay was applied accordingly.
RECOMMENDATION:
The dispute before the Court concerns the method of calculation used by NUIG for the deduction of pay for academic staff who were involved in a one-day stoppage on 24thNovember 2009. Management stated that the calculation commonly used, both within its own University and in other Universities is as follows
- Yearly salary divided by 365.25, multiplied by 7 and then divided by 5 (the 1/5thformula)
The Union disputed this method of calculation and held that the appropriate method should be that used in the educational sector, in accordance with a 1952 Department of Education Circular 1447/52 which stated:
- the proportion of the appropriately monthly salary based on the number of days in the month in question (the 1/7thformula).
Having considered the submissions of both sides the Court notes that the University has consistently applied the 1/5thformula whenever it was required to calculate a day’s pay and has never applied the 1/7thformula. The Court endorses the University's calculation of the deduction in respect of the one day stoppage on 24thNovember 2009; therefore the Court rejects the Union’s claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st March 2012______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.