Complainant

Respondent

Anonymised Parties

Housekeeping Staff

University

Representatives

 SIPTU

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00012627-001

19/07/2017

The Complainant has been employed with the Respondent Company effective from June 1996,working on a part-time 20 hours contract per week in the house keeping department. The Complainant is due to retire in September 2018. The Complainant referred a dispute to the Workplace Relations Commission on 19th July 2017 in relation to the calculation of her pension entitlements and she is seeking a recommendation from the WRC that she is granted added years for 14 years working on a Saturday/Sunday

The Complainant commenced work in June 1996 in the house keeping department, working 20 hours a week as per her contract of employment. She was approached in 1998 concerning taking on additional work which involved carrying out duties Monday to Friday working approximately 10 hours a week and working every second Saturday and Sunday, working 5 hours each day. The Complainant it was argued worked these additional hours for some 14 years. This work continued until 2011 when this overtime ceased. The Complainant undertook additional 6 hours in the housekeeping department from September to May. The Complainant’s Pension Scheme allows members of the scheme to have their regular and rostered hours calculated for pensionable salary. However, the Complainant alleged that her regular and rostered hours from 1998 until 2011 was not calculated into her pensionable salary. The Complainant referenced a Decision of the Labour Court Recommendation No LCR21262 in similar circumstances to this case which had recommended in favour of the Complainant.

The Complainant has been employed by the Respondent on a permanent part-time contract since June 1996 and is currently contracted to work 32 hours during term and 20 hours during out-of-term on a permanent and pensionable basis. The Complainant volunteered for additional work and was remunerated for this in accordance with the collective agreement with SIPTU of April 2014. A Bonus payment had been made to the Complainant and other employees who had volunteered for this work up to 2010 when this was bought out in a Labour Relations Commission Recommendation of 26th May 2010.

The Respondent is seeking a Recommendation in favour of the Respondent as there is a Collective Agreement with SIPTU governing the remuneration arrangements for voluntary additional hours worked.

The Respondent forwarded a copy of the Respondent’s Pension Scheme, the Respondent’s Explanatory Booklet from 2011 in relation to the Scheme and Additional Hour’s Allocation Agreement with SIPTU as requested at the Hearing.

On the basis of the evidence and written submissions from both Parties, including the additional information forwarded by the Respondent post the Hearing I find as follows –

Both Parties confirmed the Complainant has been employed from 1996 working 20 hours a week and both Parties confirmed that the Complainant also worked additional hours of 10 hours each week and an additional 5 hours each second Saturday and Sunday and that this additional hours were worked over 14 years up to 2011.

There was an agreement between SIPTU and the Respondent in relation to “Additional Hour’s Allocation Agreement” which provides that “additional guaranteed hours for the period are advertised…..and the person’s basic increased so pensionable”. However, the Respondent argued that this agreement did not apply to the Complainant who had been working additional hours each week for some 14 years.

I have examined the Respondent’s Explanatory Booklet of 2011 at page 15 which refers to Part-Time Member (Post 6 April 1995 Joiner). The Complainant joined in 1996. This clearly sets out the pension payable and takes account that an employee can be working part-time and full-time during the period of employment. The evidence from both parties was that the Complainant was working 20 hours a week from 1996 to 1998 and that from 1998 to 2011 she worked 32/33 hours each week and the Complainant is currently working 32 hours a week which the Respondent has acknowledged is pensionable. The question arises as to why when the Complainant was working 32/33 hours for 14 years from 1998 to 2011 this is not pensionable but is currently working 32 hours a week and this is pensionable.

I am therefore recommending that the Complainant’s 14 years working 32/33 hours a week from 1998 to 2011 should be taken into account in calculating her pension entitlement on her retirement in September 2018.

In accordance with Section 13 of the Act and in view of my findings above I recommend that the Complainants working hours from 1998 to 2011 should be taken into account in calculating her pension entitlements when she retires in September 2018.

Calculation of hours worked for pension purposes.