Seán Haughey (Dublin North Central, Fianna Fail)

I am taking this Adjournment matter on behalf of my colleague, the Minister for Education and Science, Deputy Batt O'Keeffe.

The House is aware that the Labour Court carries out a most important and valuable function in the State in independently investigating and determining industrial relations disputes and matters pertaining to a range of employment legislation. When the court was established in 1946, its primary functions were to adjudicate in trade disputes and provide a conciliation service. Since then its remit has been expanded to incorporate further functions regarding subsequent legislation in areas such as equality, organisation of working time, national minimum wage, part-time work and fixed-term work. The confidence of the State in the court is borne out by this incremental expansion of its functions over the period in question.

The House will also be aware that determinations impacting on Departments must undergo due process of consideration of their content, including any wider implications that may arise, as well as due process in terms of proper sanctioning procedures where the expenditure of public moneys is concerned. In this case, these processes have been undertaken within the relevant sections of the Department of Education and Science and in consultation with the Department of Finance.

The Deputy will be pleased to learn that these processes have recently concluded and that arrangements will be made by the Department of Education and Science to make the recommended payments as soon as possible. I also put it to the Deputy that the Department has not failed to implement the Labour Court decision and that there has not been any deterioration in public confidence as a result of what he perceives as a delay in the implementation of this award. Moreover, I consider that in the interests of the public good, the Departments concerned are obliged to follow the processes outlined when considering decisions of the Labour Court as indeed are other relevant institutions of the State charged with arbitration or judgment on matters such as this.

The case, which is the subject of Labour Court Determination FTD 0819, arose following the closure in August 2007 of St. Catherine's College of Education for Home Economics, Sion Hill, Blackrock, County Dublin. The claimants in this case were employed in St. Catherine's for differing numbers of years on fixed term contracts. The contracts had been renewed on a fixed term basis on the clear objective grounds that the college would cease to operate after 31 August 2007. On closure of the college statutory redundancy was offered to the claimants. The claimants took a case to the Rights Commissioner Service and subsequently to the Labour Court under the Protection of Employees (Fixed Term Work) Act 2003 alleging that their rights had been impinged in that they had been treated less favourably as fixed term employees than comparable permanent employees in the severance arrangements offered to permanent employees.

The Labour Court found in favour of the claimants and directed that the Department offer them the option of a severance gratuity calculated on the basis of six weeks pay per year of service or an immediate pension and lump sum based on actual pensionable service. The court further directed that the Department pay a sum of compensation to the claimants. The Department will take cognisance of this important decision in the context of its future operations. I am pleased to say that this issue has now gone through due process and will be concluded in the near future.

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