FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MARY IMMACULATE COLLEGE LIMERICK - AND - IFUT DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Payment of University of Limerick AP3 Scale
BACKGROUND:
2. This dispute concerns a claim by the Union on behalf of their member who is seeking correction of his pay scale at the Mary Immaculate College (Analyst Programmer 3) grade to reflect the University of Limerick UL IT grade equivalent scale. 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 30th September 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 4th March 2015.
UNION’S ARGUMENTS:
3. 1. The Worker is seeking correction of his pay scale.
2. The Worker worked as a Computer Services Manager in the Computer Department and was paid at the top of the Mary Immaculate College AP3 scale. The difference between the University of Limerick scale and the Mary Immaculate College scale is €4,559.
3. The Worker has suffered an inequitable pay rates since 1999.
EMPLOYER'S ARGUMENTS:
4. 1. The post was publicly advertised with the pay scale quoted but no reference was made to the salary being at UL AP3 level.
2. When the post was offered to the Worker no reference was made to the salary being at UL AP3 level.
3.The Worker's contract was based on a salary scale that he was informed of and accepted and which was not referenced in any way by the College to the UL pay scale.
RECOMMENDATION:
The issue before the Court concerns a claim by the Union on behalf of a Claimant seeking application of the University of Limerick Analyst Programmer 3 (AP3) scale. The Claimant was appointed to Mary Immaculate College (the College) as Computer Services Manager on 1stDecember 1999 on the AP3 scale.
On 1stJuly 1999 the College was sanction by the Higher Education Authority to establish an IT Support Unit, with approval for the appointment of an IT Manager post to be paid at the same level as the University of Limerick AP3 salary scale. The Claimant commenced his employment in the College on that scale. However, due to the application of a 5.5% increase under the PCW in 2001 to the AP3 Grade in the University of Limerick, accordingly the AP3 scale in the University of Limerick diverged with that paid in the College. Over the years since 2001, the Claimant sought application of the University of Limerick AP3 scale, retrospective to the date when the two scales diverged. He referred the claim to the Labour Relations Commission on 24thOctober 2012.
Having considered the submissions of both parties the Court notes that when the Claimant was offered and accepted the position in the College, he was given details of the salary scale applicable to him. At no point was he informed or given the impression that it was linked to the University of Limerick AP3 scale. It is clear that the latter was used simply to establish the appropriate scale for the College. The divergence arose over the application of the PCW increase which specifically applied to the AP3 grade in the University of Limerick in return for certain productivity measures and had no broader application.
Furthermore, the Court notes that as a result of the Report of the Public Service Benchmarking Body , June 2002, public sector pay relativities no longer apply, as stated in that report:-
"The Body's recommendations on remuneration of the benchmarked grades have the effect of severing all previous pay links and establishing new absolute levels of pay of each of those grades".
In such circumstances the Court is satisfied that the Claimant was paid in accordance with the appropriate scale applicable in the College and the University of Limerick scale had no application to him.
Accordingly, the Court rejects the Union’s claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
CO'R______________________
25th March, 2015Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.