FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KILANERIN NATIONAL SCHOOL (REPRESENTED BY MASON HAYES SOLICITORS) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner Recommendation r-103552-ir-10/MMG
BACKGROUND:
2. The Claimant has worked as a Classroom Assistant in Kilanerin National School since 1998 and as a full-time Special Needs Assistant since 2001 working up to 32 hours per week. In September 2010 following a review by the Special Education Needs Organiser (SENO) her allocated hours were reduced to 28 hours per week..
The issue involves a claim by a Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 8th February 2012, the Rights Commissioner issued his Recommendation as follows:
"It is noted that over the years and in following various directives from the Department, optimisation of the claimant's position has been afforded. Current position continues that premise and affords the claimant 28 hrs per week"
On the 6th March 2012 the Worker appealed the Rights Commissioners Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969.
A Labour Court hearing took place on the 5th December 2012.
UNION'S ARGUMENTS:
3. 1 The only issue outstanding is the status of the Worker, is she full-time or is she part-time ?. Her contracted hours are 28 per week and she should be deemed full-time.
EMPLOYER'S ARGUMENTS:
4. 1. The title full-time or part-time is not decided by the school but by the Department of Education and Skills.
DECISION:
This is an appeal by the Union against the Recommendation of a Rights Commissioner. The Court was told that the only aspect of the case being pursued in the appeal relates to the classification of the Claimant as a part-time Worker. The Claimant works 28 hours per week as a Special Needs Assistant and she is classified as a part-time Worker. The Union contends that that her hours correspond to the full-time hours for her position. She wishes to be reclassified as a full-time Worker.
The school in which the Claimant works opens for slightly over 28 hours per week. By any standard, the Claimant could not properly be described as anything other than a full-time Employee. It is the Decision of the Court that she be so classified by her Employer.
The Recommendation of the Rights Commissioner is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
14th January, 2013______________________
JFChairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.