Teagasc v A Worker (Represented by Services Industrial Professional Technical Union)

JurisdictionIreland
Judgment Date04 April 2018
Judgment citation (vLex)[2018] 4 JIEC 0401
Date04 April 2018
Docket NumberFULL RECOMMENDATION DECISION NO. LCR21688 ADJ-00008357 CA-000011147-001
CourtLabour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

CD/18/46

DECISION NO. LCR21688

ADJ-00008357 CA-000011147-001

PARTIES:
Teagasc
and
A Worker (Represented by Services Industrial Professional Technical Union)
DIVISION:

Chairman: Mr Foley

Employer Member: Ms Doyle

Worker Member: Mr Hall

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:
1

1. An appeal of an Adjudication Officer's Recommendation no. ADJ-00008357.

BACKGROUND:
2

2. This case concerns a claim by the Union on behalf of the Worker that his regular rostered overtime would be included for the purposes of calculation of superannuation benefits.

3

The Union said that the Worker meets the normal criteria relied upon in the public service for the inclusion of overtime for pension purposes.

• The Employer said that there is no provision, explicit or implicit, within the Teagasc Superannuation Scheme that provides for overtime in certain circumstances to be deemed as pensionable pay.

• This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 8 January 2018 the Adjudication Officer issued the following Recommendation:-

“Accordingly, as the overtime in this case was worked on a weekly basis for a period of some 14 years it has to be seen as effectively a part of salary and proper for reckoning as a pensionable payment.

4

The Employer appealed the Adjudication Officer's Recommendation to the Labour Court on the 15 February 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

5

A Labour Court hearing took place on the 23 March 2018.

DECISION:
6

The Court has given very careful consideration to the written and oral submissions of the parties.

7

The Court notes the detail supplied as regards the Superannuation Scheme in operation in Teagasc. The Court notes that this scheme has application to 1,200 (approx.) current employees as well as retired members. The scheme terms contain a provision for the resolution of disputes which was not utilised by the Claimant to address his concerns.

8

The matter before the Court is a claim for the inclusion of regular and rostered overtime for calculation of pension purposes. The parties are in dispute as regards whether the overtime performed by the Claimant was compulsory or optional.

9

In the view of the Court the claim is, effectively, for a re-design / re-structuring of the terms of the Teagasc Superannuation Scheme as it applies to the working of overtime. Any concession of...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT