FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : UNIVERSITY COLLEGE DUBLIN (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Pension.
BACKGROUND:
2. The case before the Court concerns a claim by the Worker seeking to have his overtime hours recognised as pay for the calculation of his pension entitlements. It is the Worker's claim that he carried out approximately six hours of overtime per week for a period of approximately twenty years or more and these hours were excluded for the purpose of calculating his pension entitlements. The Employer rejects the Worker's claim arguing that its pension scheme does not allow for overtime hours worked to be recognised as pay for the purpose of pension entitlements. The Worker referred the dispute to the Labour Court in in accordance with Section 20(1) of the Industrial Relations Act, 1969 on the 18th May, 2016. A Labour Court hearing took place on 1st July, 2016. The Worker agreed to be bound by the Recommendation of the Court.
UNION'S ARGUMENTS:
3. 1. The Worker carried out regular and rostered overtime for approximately six hours per week for a period in excess of twenty years.
2. The Worker is seeking to have his overtime hours recognised as pay for the purpose of calculating his pension entitlements.
EMPLOYER'S ARGUMENTS:
4. 1. The terms of the pension scheme do not allow for overtime to be considered as pensionable pay.
2. The Employer no longer maintains control of the pension scheme and accordingly cannot alter it in the circumstances.
3. Concession of the Worker's claim would significantly impact the Employer and could potentially result in a number of knock-on claims across the public sector as a whole.
RECOMMENDATION:
Having given careful consideration to the submissions of both parties to this dispute the Court finds that the Claimant worked six hours' compulsory overtime for a period in excess of twenty years, that it was regular and rostered, that it formed part of his conditions of service and it was in the nature of work that could not be carried out in the normal course of his employment.
In these circumstances the overtime worked met the standard Civil and Public Service conditions for classification as pensionable salary.
Accordingly, on the particular facts and in the unique circumstances of this case, the Court finds merit in the Union's claim and recommends accordingly.
The Court notes that the claim was submitted in November 2014. Accordingly the Court Recommendation should have effect from that date.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
8th July 2016______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.