FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUBLIN AIRPORT AUTHORITY - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Lump Sum
BACKGROUND:
2. This dispute concerns the Worker's claim that he lost out on a significant lump sum contribution to his DC Pension Scheme. The Worker referred this case to the Labour Court on 22nd February, 2016 in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 31st August, 2016.
UNION'S ARGUMENTS:
3.1. The Worker has been disadvantaged when compared to other employees who started working for the Company in the same year, as he reached the retirement age of 60 during the protracted daa IASS/DC Pension negotiation process.
COMPANY'S ARGUMENTS:
4.1. The Worker signed a waiver which waived all existing, anticipated or potential claims.
2. The Union agreed as part of a collective agreement that it shall not take any claims under the Industrial Relations Acts.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 (the Act) and concerns a claim by a worker who challenges the application to him of a Collective Agreement dated 10thApril 2015. This is an agreement between daa plc and Shannon Airport Authority Limited on the one part and Airport Police and Fire Service (APFS) represented by SIPTU on the other. It followed protracted negotiations between the parties on the winding up of the Irish Airlines Superannuation Scheme (IASS) and the consequent restructuring of pension arrangements, including the introduction of a new DC scheme for APFS employees.
In submitting his claim the Claimant has in accordance with Section 20(1) of the Act undertaken to accept the Recommendation of the Court.
The Union on behalf of the Claimant, who is a Police Officer, contended that the Agreement had resulted in an unforeseen anomaly whereby the Claimant received a lower value compensatory payment for the changes made to his pension than a colleague who commenced employment in the same year as him, albeit there was an age difference between the Claimant and his comparator. The Union accepted that the employer had not breached any of the Agreement; however it submitted that this anomaly should be addressed by the employer.
Management pointed to the terms of the agreement which provided at Section 8 that the Union would not,inter alia, take any claims under the Industrial Relations Acts or before the civil courts, employment tribunals or other such fora, challenging the employer in relations to pension matters and that the Agreement was in full and final settlement of all IASS issues. Furthermore, it referred to a legal waiver signed by the Claimant dated 2ndApril 2015 wherein he accepted,inter alia,that in return for a lump sum payment he was waiving all existing, anticipated or potential claims, rights and/or entitlements against his employer and that the terms of the waiver were in full settlement of any claims relating to the new DC scheme.
It is the view of the Court that it is prohibited by the terms of the Agreement and by the legal waiver from making any recommendation on the claim before the Court. The Court notes that it is not disputed that the employer has not breached any aspect of the Agreement and neither is it disputed that the Agreement was applied to the Claimant strictly in accordance with its terms.
Accordingly, the Court upholds the Agreement entered into between the parties; it is satisfied that the waiver signifies a settlement of any matters relating to the payment of the lump sum, and therefore finds that the Claimant is stopped from proceeding with his claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
JK______________________
5 September 2016Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jason Kennedy, Court Secretary.