LCR22261

1.Hours of Work Concerning a Lecturer

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 18 December 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 23 September 2020.


UNION’S ARGUMENTS:

3. 1. The Worker was appointed in 2005 as a Lecturer on a full-time basis, having been on several short-term contracts since 1996. At her request, she moved to part time working in 2009. She has been seeking to return to full-time work for some years but the Employer has refused this request and has stated that the revised contract signed by the Worker did not provide for a date of return to full time working.

2. The Union state the Worker is due to retire in 2034 and her current circumstances adversely affect her financial situation and also her current working arrangements impact negatively on her future pension entitlement which would lead to a significantly lower level of financial security in retirement.

3. The Union state a time-frame to return to a full-time post is crucial if the Worker is to improve her final pension benefits.

EMPLOYER'S ARGUMENTS:

4. 1. The Employer states it has facilitated the Worker's previous requests concerning a career break in 2006 and her request to return to work in September 2009 on a 60% commitment, which was on a permanent basis.

2. The Union state the Worker is due to retire in 2034 and her current circumstances adversely affect her financial situation and also her current working arrangements impact negatively on her future pension entitlement which would lead to a significantly lower level of financial security in retirement.

3.The Employer states this is a cost increasing claim which is prohibited under clause 8.3.1 of the Public Service Stability Agreement 2018-2020 and would have major management, employee relations and cost increasing effects for the Employer

RECOMMENDATION:

The Court notes that the Worker signed a contract to work 60% of normal hours. However, the Court notes also that the Worker was not clear that, in signing the contract, she was agreeing to an indefinite part time working arrangement.

The Court is mindful also of s. 4.2 of the Code of Practice on Access to Part-Time Working, which encourages employers to facilitate full time working when requested and when possible.

In the circumstances of this case, the Court recommends that the Worker follow the advice of the then Head of School, as set out in his email of 26 May 2020, with regard to her professional development. When she has secured the additional qualification set out in that email and has gained the experiences suggested, the Court recommends that the Employer should look favourably on the Worker’s wish to return to a full-time role.

	Signed on behalf of the Labour Court
	Tom Geraghty
TH	______________________
29 September 2020	Deputy Chairman