FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. 1) Restoration Rent Allowance For Esc's 2) Back-Dating Rent Allowance (Firefighters)
BACKGROUND:
2. This 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 16 December 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 15th February 2017 and on 4th July 2017.
UNION'S ARGUMENTS:
Regarding the back dating of rent allowance for New Entrant Fire-Fighters recruited from 2013 onwards, the Unions argued that this particular group of Workers had signed contracts which explicitly included the payment of rent allowance in their contracts of employment. Following the reintroduction of full rent allowance by the Department of Public Expenditure and Reform in May 2016 the Unions were seeking a retrospective payment of the allowance from the date of their pass out as Fire-Fighters up to and including May 2016.
In relation to Emergency Service Controllers (ESCs) the Unions stated that an agreement is in place which states that ESCs are entitled to receive ninety percent of the recruit Fire-Fighter/Paramedic pay scale including allowances. In line with this agreement, the Unions argued that the Court should recommend that ninety percent of the rent allowance be applied to ESCs pay scales and appropriate retrospection from May 2016 be paid.
COUNCIL'S ARGUMENTS:
Regarding the backdating of rent allowance to Fire-Fighters the Council pointed to a Department of Public Expenditure and Reform (DPER) review of all public service allowances in 2012 which saw the abolition of rent allowance payable to Fire-Fighters who were new entrants to the Fire Service. The Council acknowledged that the contract of employment signed by all Fire-Fighters appointed in April 2014 contained a provision for rent allowance. However, the Council stated that this was as a result of an administrative error and a correction letter was issued informing the 28 new entrants in June of 2014.
Following on from the restoration of rent allowance, all Fire-Fighters have been in receipt of of the allowance since July 2016. However, the Council argued that there is no basis for the back payment of the rent allowance as it would have been in breach of the DPER decision following it's review in 2012.
In relation to ESCs, the Council's position is that only Fire-Fighters are entitled to payment of rent allowance and individuals undertaking the role of ESC are not Fire-Fighters.
RECOMMENDATION:
The Court has considered the extensive written and oral submissions of both sides in this dispute.
The Court notes that between the time the case was adjourned after the first hearing and the date on which the matter came back to the Court, National Talks took place between Public Sector Trade Unions and Public Sector Employers on a new Public Sector Pay Agreement. In the course of those talks the parties agreed with effect from 1 July 2017 to consolidate the “Rent Allowance” into the basic pay of all firefighters employed in Dublin City Council. The parties reached no agreement on the retrospective restoration of the “Allowance” to New Entrant Firefighters.
In these circumstances the Court finds that it would be inappropriate for it to alter or vary the terms of that proposed Agreement and accordingly does not recommend concession of the Unions’ claim on behalf of New Entrant Firefighters.
However the Court finds that Emergency Service Controllers employed by Dublin City Council have a 90% pay relationship with New Entrant Firefighters. Pay for the purposes of that relationship consists of “a four point pay scale equivalent to 90% of the New Entrant Firefighter rate plus appropriate allowances” (unsocial hours etc).(see letter to Mr Owen Reidy from Mr Gerry Geraghty dated 9 October 2012).
The Court notes that the Rent Allowance was initially withheld from New Entrant Firefighters but was applied to them in two moieties in July and November 2016. That Allowance was not applied to Emergency Service Controllers from those dates or at all.
The Court finds that Emergency Service Controllers are entitled to have that Allowance factored into the calculation of their pay from the dates on which they were conceded to New Entrant Firefighters and recommends accordingly.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
JD______________________
19 July 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.