In a recent Determination, the Labour Court upheld a Rights Commissioner Decision that UCC should pay an IFUT member the amount of redundancy payment claimed by IFUT, statutory redundancy plus four weeks. UCC was represented in the Labour Court by one of the most expensive legal firms in Ireland at taxpayers’ expense. IFUT is now advised that, incredibly, UCC has retained this expensive law firm and have embarked upon a very costly appeal to the High Court, allegedly “on a point of law”.

IFUT General Secretary, Mike Jennings, says the Minister should intervene “to prevent the college squandering more than 20 times the payment due to a former employee on a spurious legal adventure which seems designed purely to defer the payment. This is not a case of IFUT seeking more money from government. Instead it is asking the Department of Education to step in to prevent a monumental waste of taxpayers’ money”.

The IFUT Media Release is available here.

Documentation on the case, including IFUT’s letter to the Minister, is available here.

“Irish universities and academic staff have consistently delivered above-average outcomes for students, despite diminishing resources. Mr Hennessy now wishes to fix what isn’t broken by imposing new and potentially damaging HR changes on top of ongoing staffing and wage cuts, at a time when ever-more students are enrolling at third-level. He should preferably reacquaint himself with the facts on higher education in Ireland before issuing such cavalier and unhelpful comments in future”, Mr Jennings said.

The IFUT Media Release is available here.

Up to 4,000 young and gifted Researchers are being placed in constant insecurity and encouraged to think of their jobs as transitory and short-term, with little recognition, poor pay and no thanks or loyalty from their employers, Mr Jennings states.

“The new university policy, which stipulates that all new employment be on a fixed-term or fixed-purpose contract, is a direct challenge to Irish law and to the European Directive and Framework Agreement upon which that law is based.

“It is being introduced by universities, at the behest of the HEA, while these very same institutions call for greater commitment to research, ask our children to pursue careers in this area and issue high-minded but clearly hypocritical pronouncements about the need for a ‘smart economy’”, , Mr Jennings says.

The IFUT Media Release is available here.

In one case, a Researcher in NUI Maynooth has been awarded four weeks pay per year of service (pys) on top of her statutory entitlement (two weeks pys) by the Labour Court, in a Determination that is binding on the university. The case was taken by IFUT. In two other cases in UCC, a Rights Commissioner awarded six weeks pay per year of service to two contract employees who had been made redundant following the expiry of their contracts.

Mike Jennings, General Secretary of IFUT, who represented all of the claimants in these cases, said, “These cases make a strong legal point that when contract staff are made redundant, for instance, due to the expiry of their contracts, they must be paid exactly the same redundancy payments as permanent staff would have been paid had they been made redundant”.

It is estimated that there are several thousand workers on contract in Irish universities and many thousands more throughout the Public Sector. This number is increasing due to current Government policy. Mr Jennings said, “What these important victories establish is that at least in the case of severance payments these workers must be treated equally. However, in many cases we believe that we can prove that the workers are in fact entitled in law to be made permanent”.

The IFUT Press Release is available here.

The seven university presidents have also been considering a court challenge against the new Employment Control Framework which some maintain runs counter to the 1997 Universities Act, guaranteeing their independence.

While university presidents are cautious about a legal challenge, IFUT General Secretary, Mike Jennings, said the new stipulation which allows colleges to engage academic staff largely on fixed-term contracts is a clear breach of European employment law.

The article published in The Irish Times of 7 September 2009 is available here and here.