Dublin and Dun Laoghaire Education and Training Board (Represented by Irish Business and Employers' Confederation) v Ronan Flynn

• Jurisdiction: Ireland
• Judgment Date: 10 July 2018
• Judgment citation (vLex): [2018] 7 JIEC 1001
• Docket Number: DETERMINATION NO. PWD1825,ADJ-00007183 CA-00009731-001,FULL RECOMMENDATION
• Court: Labour Court (Ireland)
• Date: 10 July 2018

Labour Court (Ireland)

FULL RECOMMENDATION

PW/18/37

DETERMINATION NO. PWD1825

ADJ-00007183 CA-00009731-001

PARTIES:

Dublin and Dun Laoghaire Education and Training Board (Represented by Irish Business and Employers' Confederation)

and

Ronan Flynn

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Ms Connolly

Worker Member: Ms Treacy

SECTION 7(1), PAYMENT OF WAGES ACT, 1991

SUBJECT:

1 1. Appeal of Adjudication Officer's Decision No: ADJ-00007183.

BACKGROUND:

2 2. This is an appeal of an Adjudication Officer's Decision No: ADJ-00007183 made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 3 July 2018 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:

DETERMINATION:

3 This is an appeal by the Dublin Dun Laoghaire Education and Training Board against an Adjudication Officer's Decision ADJ-00007183 given under the Payment of Wages Act 1991 (the Act) in a claim by Mr Ronan Flynn that he suffered an unlawful deduction from his wages in consequence of the non-application to him of Department of Education and Skills Circular 0045/2016 “ Public Service Stability Agreement 2013 – 2018 (Haddington Road/Lansdowne Road Agreement) and the Financial Emergency Measures in the Public Interest Acts 2013 and 2015” (hereinafter referred to as “the Circular”). The Adjudication Officer found in favour of Mr Flynn's claim.

4 In this Determination the parties are referred to as they were at first instance. Hence the Dublin Dun Laoghaire Education and Training Board is referred to as ‘the Respondent’ and Mr Ronan Flynn as ‘the Complainant’.

Background

5 The Complainant has been employed by the Respondent in a Designated Community College as a Teacher since 28 ^th August 2015. He is not a member of either the TUI or the ASTI trade unions. In 2015 the Lansdowne Road Agreement came into effect. All of the trade unions in the education and training sector, with the exception of ASTI, accepted it. On 30 ^th June 2016 ASTI issued a directive to its members to cease fulfilling the “Croke Park” hours with effect from 11 ^th July 2016. The “Croke Park” hours were 33 additional hours work per annum which had been agreed by teachers as part of the Croke Park Agreement and had continued under the Haddington Road/Lansdowne Road Agreement. The rejection by ASTI of the Lansdowne Road Agreement meant that the financial and other benefits of that Agreement no longer applied to members of ASTI.

6 On 14th July 2016 Circular 0045/2016 was issued to all managerial authorities of recognised secondary, community and comprehensive schools and to the Chief Executive of Education and Training Boards (including the Respondent) advising them on the changes to the salaries of teachers and other measures as a result of the Public Service Stability Agreement 2013 – 2018 (Haddington Road/Lansdowne Road Agreement) and FEMPI. This Circular provided that Designated Community Colleges are regarded as dual representation colleges, i.e. represented by both TUI and ASTI. However, it continued to state at Clause 3:-

•

“While the above is not definitive and certain issues of dual representation require further consideration, it provides an initial basis for the implementation of the Lansdowne Road Agreement. It is stressed however, that the application of the Lansdowne Road Agreement is entirely conditional upon adherence to its terms by the teachers to whom it is applied.”

7 Clause 7 of the Circular provides:-

8 The Lansdowne Road Agreement as set out in Section 2 of this Circular will apply to teachers employed in Designated Community Colleges and Community and Comprehensive Schools who are TUI members. The Financial Emergency Measures in the Public Interest Act 2013 and 2015 as set out in Section 3 of this Circular will apply to all other teachers employed in such schools .

•

TUI members who are employed in Designated Community Colleges:

TUI members who are employed in Designated Community Colleges should complete the form at Appendix 1 and submit the form by post to the Payroll section of their employer Education and Training Board by 5pm on Tuesday 13 September 2016, to enable the payroll adjustments under the Agreement to be implemented in respect of their salary. Teachers should retain a copy of the completed and signed form.”

9 As the Complainant was not a member of the TUI the terms of the Lansdowne Road Agreement (the Agreement) were not applied to him. The Complainant objected to the position taken by the...