LCR22900

SUBJECT:

Non application of long service increments.

BACKGROUND:

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 15 September 2023 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 21 December 2023.

RECOMMENDATION:

The Workers who are the subject of this claim are employed as National Co-ordinators by Dublin West Education Centre (‘DWEC’). Their salary is aligned with the civil service Assistant Principal Officer (‘APO’) scale but without any Long Service Increments (‘LSI’s’). The Workers are seeking to have the LSI’s in the standard APO scale made available to them.

The Union’s Submission

The Union submits that the role of National Co-ordinator has been in existence for over 26 years. It notes that the position was initially established in 1997 as a temporary role and that fact may be the explanation for the exclusion of LSI’s at that time. In 2014, an agreement was reached between SIPTU and the Department of Education whereby the Workers’ status as public servants was confirmed and they were granted access to the Public Service Pension Scheme retrospective to their respective start dates. It is the Union’s submission that, in the light of the aforementioned change in the Workers’ status, that there is no ongoing basis to deny them the benefit of LSI’s as per the APO pay scale as (in its submission) “all Public Servants appointed to this grade are entitled to be paid LSI 1 following 3 years satisfactory service at the maximum (point 6) of the scale, and are entitled to be paid LSI 2 following an additional 3 years satisfactory service”. The Union is seeking retrospective payment of the LSI’s to the Workers.

Submission on behalf of DWEC

DWEC submitted that it is an independent body recognised by the Minister for Education pursuant to section 37 of the Education Act 1998. It further submits that all matters in relation to terms and conditions of its staff are determined by the Department of Education, subject to the consent of DPENDPDR, in line with public service pay policies.

DWEC submits that the within claim, if conceded, would result in a regrading of the National Co-ordinator grade and, therefore, cost-increasing contrary to the terms of Building Momentum. DWEC further submits that concession of the within claim could have significant potential implications across other civil and public sector grades who may not be paid in the identical salary scale as the grade to which their salary scale relates.

Recommendation

The Court is of the view that the within claim is not well-founded and does not recommend that it be conceded.

The Court so recommends.

	Signed on behalf of the Labour Court
	Alan Haugh
DC	______________________
8 January 2024	Deputy Chairman