FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE DUBLIN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Connolly Worker Member: Mr Shanahan |
1. Pensions Dispute.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union on behalf of its members in relation to pension contributions.The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 28th February, 2017, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 14th June, 2017. The following is the Recommendation of the Court:
RECOMMENDATION:
The Court finds that the Respondent University was instructed by Department of Finance Circular Letter 20/2005 (Public Service Pension Reform: Revised Arranvements for Part-Time Public Servants, dated 20 July 2005 to make provision for part time staff to enter the pension scheme. It failed to act on that instruction between 2005 and 2015. Belatedly in 2015 it provided the affected staff with access to the pension scheme.
At that point the staff affected had accrued arrears of contribution to the scheme that had not been collected from them due to the University's inaction.
As the sums involved are, in some cases, quite substantial it proposes to phase payment of the arrears over a period of time ranging up to 10 years. While this arrangement would suit some members of staff it offers little comfort to staff members who are within 10 years of retirement.
In that context the Court finds that those staff members are not adequately provided for in these proposed arrangements. The Court finds that those members of staff should be put into the same financial position as members of staff who in 2015 had more than 10 years service to retirement remaining. Accordingly the Respondent should provide those members of staff with the option of paying off their arrears over a a 10 year period and it must bear all additional costs that arise as a result of the measures it introduces to achieves that objective.
The Court so decides
Signed on behalf of the Labour Court
Brendan Hayes
7th July 2017______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.