Keywords: Protection of Employees (Part-Time) Work Act 2001, Denial of Access to Pension Scheme

This case focuses on the rights and entitlements for part time employees. The Complainant commenced employment on a part time basis as a ‘Youthreach Resource Person’ with the Respondent in 2008. Employees of the Respondent organisation were to be paid in accordance with the Department of Education and Skills rates. The Complainant had not been given access to the pension scheme that was available to other full time employees.

The Complainant maintained that the restriction on access to the Pension Scheme was inconsistent with the Youthreach Pay Adjudication and was also in breach of the Protection of Employees (Part-Time) Work Act, 2001 and the Protection of Employees (Fixed-Term) Work Act, 2003. The Complainant submitted that they had an entitlement to be treated no less favourably than a comparable permanent employee.

The Respondent, as per their submission of documentary evidence stated that they were not the employer and therefore they were not the correct Respondent in this case. The Respondent submitted that they are funded by a grant awarded to them from the Department of Education and skills and the Complainant is paid via this grant. The Educational Training Board (ETB) sought to restrict access to the employee pension scheme by providing “this provision in relation to the pension costs relates to full time members of the Youthreach staff employed by the Grantee currently in the pension scheme.” The agreement implicitly restricted access to the Scheme, not only for part-time employees, but also full-time employees who were not already members of the Scheme on the 24th of March 2016. The Respondent had consistently brought forward the pension issue to the Educational Training Board.

The Adjudicating Officer, having reviewed the Contract of Employment, confirmed that the Respondent was the Complainant’s Employer. The Adjudicating officer ordered that the Complainant should receive the same pension entitlements on a pro-rate basis as their comparable full time colleagues as the Respondent was in breach of legislation and thus awarded her €2,500 in compensation.
https://www.workplacerelations.ie/en/cases/2019/june/adj-00015755.html