FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GALWAY-MAYO INSTITUTE OF TECHNOLOGY - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Doyle Worker Member: Ms Treacy |
1. Not Paid On The Standard Institutional Pay Scale.
BACKGROUND:
2. On the 26 July 2019 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5 November 2019.
The Worker agreed to be bound by the Court’s Recommendation.
RECOMMENDATION:
The issue between the parties relates to a claim by the Worker to be placed on a pay scale and given access to the Employer’s pension scheme. The Worker had previously raised this issue in 2014 albeit in a different manner but it had laid dormant since then until she raised it again in 2018.
The Worker is seeking to be regularised and is open to having her job evaluated to establish the right pay scale and is looking for date of implementation to be September 2017.
The Employer rejects the claim. The Worker is a Learning Support Tutor and her rate of pay is set by the Higher Education Authority. There are a number of other people in the Institute in the same position as the Worker. The Employer wrote to the Worker in June 2014 setting out the difference between her role as a Learning Support Tutor and a Learning Support Lecturer the grade she was originally seeking to be regularised into and confirming that there were significant differences in the types of work and level of responsibilities. The issues the Worker is now raising affect a number of members staff, both in this employment and in the wider Educations sector.
The Court having read the submissions of the parties and listened carefully to the oral submissions on the day finds that the issues raised are collective issues that affect more that just this Worker and therefore her claim must fail.
Signed on behalf of the Labour Court
Louise O'Donnell
TH______________________
15 November 2019Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.