FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY UNIVERSITY - AND - A GROUP OF WORKERS (REPRESENTED BY IFUT) DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Loss of Status -Former Heads Of Department St Patricks College.
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 20 November 2018 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 23 January 2019.
UNION’S ARGUMENTS:
3. 1. The Union claims that the Claimants have suffered losses because of the Incorporation process.
2. Since Incorporation there is a clear loss of status and esteem to former Heads.
3. The Union is seeking the upgrade/promotion of eight of the Claimants to the role of Professor.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer is of the view that the Workers have suffered no loss in status or that the change resulted in any form of demotion.
2. The Workers suffered no financial loss as a result of the Incorporation and in fact received significant salary increases.
3. All of the Workers transferred over on permanent contracts.
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the parties.
The matter before the Court relates to a claim that, as a result of incorporation of St Patrick’s College, Drumcondra into the Dublin City University, nine claimants suffered a loss of responsibility, status or ‘office’.
The Court understands that the nine claimants all benefitted from an increase in salary upon incorporation albeit there appeared to be some dispute between the parties as to whether the nine claimants had ceased to have access to a conference allowance following incorporation and whether there had been a relatively minor alteration in an allowable fixed rate tax credit.
In the case of eight claimants the Court is asked to consider the impact of incorporation on the claimants and to recommend the award of the grade of Professor and certain considerations as regards a paid sabbatical. The Court understands that the award of the grade of Professor to the Claimants would represent a salary increase of approximately 30% at the top of the relevant scales. With respect to the ninth claimant there was less clarity as regards the redress sought on her behalf.
The University does not accept the claim that any loss has been suffered by the Claimants and has submitted that in fact they had benefitted from the incorporation.
The Court notes that there are agreed processes in place for the award of Professorship within the institution and similarly that there are processes in place for the award of paid sabbaticals to academic staff. The Court also notes that four of the claimants were, at the date of incorporation, holders of fixed term contracts as Heads of Department. Those contracts were due to expire on dates between 2016 and 2019 albeit the Union expressed confidence to the Court that a claim for permanency would most likely have succeeded upon such expiry.
The Court has considered the full circumstances of this matter and, taking everything into account, finds that the Claimants have not made out the claim for loss of responsibility, status or ‘office’. In those circumstances the Court recommends against concession of the claim.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
MK______________________
25 January 2019Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.