FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TEAGASC - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. (1) Annual Leave Entitlement (2) Mr CD - Loss of Earnings
BACKGROUND:
2. This case concerns a dispute involving four workers between Management and the Unions regarding compensation for loss of annual leave in respect of the four claimants and regarding compensation for loss of earnings in relation to one of them. The claimants were initially employed at Warrenstown College until it closed in 2009. The claimants were then employed directly by Teagasc and had their salaries and annual leave entitlements brought into line comparable direct employees. This resulted in a reduction in the annual leave entitlements of the four claimants and in addition the loss of an allowance for one of them. The Unions are now seeking compensation for the losses involved and are relying on the provisions of the relevant Public Service Agreement (1.5 times the annual loss) in that regard.
Management argues that the Claimants are in receipt of the correct salary and annual leave entitlements of Teagasc employees. The additional pay for which compensation for the loss of which is claimed relates to a top up that was not approved and was paid directly by the Salesian Order. The top up ceased on the worker's commencement of direct employment with Teagasc.
The dispute was not 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 matter was referred tot he Labour Court on 12th June 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 27th August 2015.
UNION'S ARGUMENTS:
3 1 The claimants annual leave entitlements while at Warrenstown College exceeded the entitlements of comparable Teagasc staff. The annual leave entitlements were reduced from 40 days to 29 days in the case of Mr D and to 23 days in respect of the other three claimants. The Union accepts that under the terms of the 2011 Public Service Agreement Public Service annual leave was capped at 32 days and that is being reflected in the appropriate compensation payments being sought.
2 The Union is seeking compensation for Mr D as he incurred a significant loss of earnings following the transfer to direct employment with Teagasc. The closure of the College which resulted in direct employment with Teagasc was akin to a transfer of undertakings. As a consequence the claimants' level of earnings should have been maintained unaltered.
MANAGEMENT'S ARGUMENTS:
4 1 The workers could have been made redundant following the closure of Warrenstown College. Instead they were provided with direct employment by Teagasc on the rate of pay and annual leave entitlements as comparable employees of Teagasc. Management has acted correctly at all times.
2 The closure of the college and reduction in annual leave entitlements occurred prior to the Public Service Agreement to which the Unions refer in the claim for compensation. Management does not consider the payment of compensation appropriate in either the claim for loss of annual leave or loss of earnings.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court recommends as follows:
Claim regarding annual leave entitlement.
The Court does not recommend concession of this claim.
Claim regarding loss of earnings.
The Court does not recommend concession of this claim.
Signed on behalf of the Labour Court
Brendan Hayes
15th September 2015______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.