Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00009731-001

15/02/2017

The Complainant is employed as a Teacher since 28th August 2016. He is paid €2,584.08 per fortnight. He has claimed that his employer made an illegal deduction from his wages.

This hearing was adjourned to await the publication of a circular addressing teachers’ pay.

This circular did not address the complaint and so on 23rd February 2018 the Complainant contacted the Workplace Relations Commission to advise them of that.

The Complainant stated that he is not a union member and he is being treated as a member of a named union that did not accept the Lansdowne Road Agreement (LRA). Once agreement was reached with another named union payments were implemented. Because he was not a union member he was being treated as a member of the union that did not accept the HRA. His employer has made illegal deductions from his wages. He is being penalised for being a union member. He is seeking payment of the monies illegally withheld

The Government agreed the Haddington Road Agreement to cover the period 1st July 2013 to 30th June to 2016. The parties then agreed a continuation of this agreement to run to September 2018 called the Lansdowne Road Agreement (LRA). One named union did not accept the terms of these agreements and issued a directive to its members to cease fulfilling the Croke Park hours. The named union suspended industrial action from 10th June 2017. Those union members and non-union member teachers as appropriate would be affected by the issuing of a Circular to deal with this pay issue. The Circular dealt with matters with effect from 10th June 2017. The Respondent implemented the terms of the circular. Effective from 10th June 2017 the Complainant moved to Point 2 (€37,403 p.a.) of the revised scales in line with the circular. The Circular did not address /sanction payment of salary differences between September 2016 and June 2017.

I find that under our Constitution persons have a right to associate and so in the alternative a right to dissociate.

I find that it was not a condition of employment to join a union. Therefore, he had a right not to join a union.

I find that he should not have been treated less favourably for not being a union member.

I find that to associate the Complainant with a named union who had rejected the terms of the HRA and LRA was fundamentally wrong.

I find that not paying him his incremental increase was an illegal deduction.

This complaint was presented to the Commission on 15th February 2017 therefore the period that may be investigated is 6th August 2016 to 15th February 2017.

I find that his salary has been corrected with effect 10th June 2017.

I find that the Circular did not address matters prior to that date.

Illegal deduction from wages