FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NUIG (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IFUT DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Rate of pay.
BACKGROUND:
2. This dispute concerns a claim that the Worker is not being paid the correct rate of pay. This 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 21st May, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st October, 2014.
UNION'S ARGUMENTS:
3 1 The Union was in discussions with the University concerning the Worker's salary and status.
2 While these discussion were ongoing, the University unilaterally cut the Worker's salary.
3 The University has acted in breach of normal industrial relations procedures.
EMPLOYER'S ARGUMENTS:
4 1 The Worker is a part-time teaching assistant and is paid accordingly.
2 The Worker is not employed to carry out the work of a university teacher.
3. The Worker declined to take on additional duties for which additional remuneration would be payable.
RECOMMENDATION:
Having considered the submissions of both parties to this dispute the Court finds that the parties should engage further, with the help of the LRC if necessary, with a view to a) establishing the facts regarding the work that the Claimant has been performing over the last three years and b) reaching agreement on a job description and salary level for the Claimant.
Such discussions should be completed before the 31stDecember 2014. At that point any outstanding issues between the parties should be referred back to the Court for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
20th October, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.