FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE NATIONAL EDUCATIONAL WELFARE BOARD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-132420-ir-13/EH.
BACKGROUND:
2. The Claimant works as a Educational Welfare Officer (EWO) and claims that he was treated less favourably than his fellow colleagues when considering the percentage that he was awarded towards the Educational Fees for a course he completed in 2011 entitled Post Grad Dip. in Conflict and Dispute Resolution at TCD. The course fees amounted to €6,085 and he was awarded €3,500 towards the cost, leaving a shortfall of €2,585. The Employer claims the reason for the shortfall is solely due to the fact that the course was only partially relevant to his post.
The issue involves a claim by a Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 18th November 2013, the Rights Commissioner issued his Recommendation as follows:-
"...I must concur with the employer's stated position that a professional qualification in conflict resolution is not required to do the work of an Educational Welfare Officer...."
On the 19th December, 2013 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 26th February, 2014.
UNION'S ARGUMENTS:
3.1. Not enough weight was given to the relevance of the course as conflict and dispute resolution is an integral and core function of the Claimant's day to day case work.
2. The Claimant did deliberate hard on his decision and with some degree of reluctance on account of the financial implications, however, he commenced the course. It was only after meeting with his colleague in December of 2011 that he became aware that in fact he was being treated less favourably.
COMPANY'S ARGUMENTS:
4.1.The Claimant received €3,500 or 57% of the funding on the basis that the course was only partially relevant to his post as a Educational Welfare Officer. This information was confirmed in writing by a letter to him dated 4th August, 2011 and predated his commencing the course.
2. A professional qualification in conflict resolution is not a qualification that is required to do the work of an EWO. Each EWO is provided with a one day conflict resolution training course which is considered to be adequate and appropriate.
DECISION:
The Court notes that the scheme under which the Claimant applied for reimbursement of educational fees is a non-contractual arrangement within the discretion of the Board. The Court further notes that the Claimant undertook the course of study in the knowledge of the Board's decision on the level of reimbursement that he was being offered.
Nevertheless, having regard to all the circumstances of this case, and in particular the fact that the Claimant did not have an opportunity to appeal against the decision, the Court Recommends that the Board should review the level of reimbursement of fees made to the Claimant in light of any submissions that the Union may make on his behalf.
Signed on behalf of the Labour Court
Kevin Duffy
18th March, 2014______________________
JFChairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.