The Labour Court allowed marine pilots Stephen McCraith and Robert Kieran’s appeal against Dublin Port Company, finding they were entitled to the same pay as permanent pilots while they worked on fixed-term contracts. It also found they were entitled to compensation equal to the pay difference for that period. The determination was dated 12 May 2008.
The pilots challenged their exclusion from a red-circled rate of €85,000 introduced for existing pilots under a 2006 restructuring agreement. All pilots were to receive a €5,000 lump-sum payment under the agreement, but McCraith and Kieran were excluded from the red-circling arrangement despite losing the same allowances and facilities as permanent pilots.
Dublin Port Company argued that the difference reflected the pilots’ Class 2 duties, not their fixed-term status. The Court found that the pilots did similar work to permanent pilots and that differences in their duties were of small importance to the work as a whole. It concluded that their fixed-term status was the operative reason for excluding them from the arrangement.
The Court’s ruling covers the period from 1 June 2006 until the pilots ceased to be employed on fixed-term contracts. It reserved its decision on whether their pay should remain at that rate after they took permanent posts and invited further submissions on that issue.