FULL RECOMMENDATION
SECTION 26(1); INDUSTRIAL RELATIONS ACT; 1990 PARTIES : MATER DEI INSTITUTE (REPRESENTED BY DEPARTMENT OF EDUCATION AND SKILLS MATER DEI INSTITUTE) - AND - IFUT DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms O'Donnell |
1. Level of Compensation for Mater Dei Institute (MDI) Employees for loss of benefits arising out of the transfer of their employment to Dublin City University.
BACKGROUND:
2. This dispute concerns a claim for compensation for employees who maintain that they are losing employment related benefits arising out of the transfer of their employment to DCU consequent upon the closure of the Institute. 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 the 4th October, 2016, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st December 2016.
UNION'S ARGUMENTS:
3. 1.The staff affected accepted a voluntary reduction in pay to mirror the pay reductions that took effect in the Public Service during the financial emergency. It is now proposed that on their integration into DCU they should be dealt with as new public servants and gain no benefit from their pay alignment that has been a feature of their terms and conditions of employment over many years.
2. It is common case that the issue before the Court is now confined to the question of compensation for the losses incurred. The Union submits that given the scale of the reductions imposed on the staff, the offer of €7,000 compensation is woefully inadequate and must be massively improved upon.
3. The Union acknowledges that some members of staff were assimilated nearest higher scale commensurate with their grade. Despite that they continue to endure losses as a result of the reduction of their overall terms and conditions of employment. The marginal effect of these adjustments has been more than offset by the cost of their conditions of employment.
COMPANY'S ARGUMENTS:
4.1.MDI staff who have transferred into DCU are no worse off than any other DCU colleagues in terms of net pay. They are on the same DCU scales.
2. The gross salary increase together with the compensation figure of €7,000 per person for loss of earnings is fair.
3.Management is required to assimilate these workers onto the staff of DCU on terms that comply with all relevant Public Service instructions and circulars. In this case it has so done as it has no authority to depart from those instructions or circulars.
RECOMMENDATION:
Having considered the extensive submissions of both parties to this dispute the Court recommends that the Respondent pay the Complainants compensation in the sum of €8109.55 in full and final settlement of this dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
13th March 2017______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jason Kennedy, Court Secretary.