Contract query.

M

Minitauro

Registered User
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Hi,
I just have a query relating to my job contract. My job offers the incentive of gaining a pay rise on the successful completion of a Degree. I was given a salary scale and started from the bottom. It shows an asterix beside the third step on salary scale and states exactly "*Starting salary for people with third level degree". The practice was to give the two extra steps to those who did not initially start with a degree but went back and completed one.

Now I completed a third level degree (ordinary) and applied for the increase. It is being refused as they are saying it is only the equivalent of a national diploma and not a level 8. But as it states it clearly as above and does not define it to be an honours degree or level 8 do I still have a case to get the rise? My contract was made in 2004.

I believe the contract should be honoured as it states a degree which is what my qualification is called. Can any legal experts help me out please?
Thank you.
 
I'm not in any way a legal expert, but on the face of it I would think you have a genuine claim for the rise.

A third level degree is just that. A third level degree.
 
You have to check the definition of "Third level degree" in the contract. If they define the term "Third level degree" in the contract as refering to a honours degree or level 8 etc., then they can refuse the rise.

There is also the recognition of the degree. If your degree is not accredited in Ireland, they have no obligation to accept it (there are a lot of private educational organisations who offer qualifications which are not accredited in Ireland).
 
Hi
thank you for your replies. No they have no definition of what type of degree. That sentence is all the information they provide. The degree I have is from an institute of technology here in Dublin. It appears they are trying to wriggle out of paying it. Unfortuneately I cannot prove yet that they gave it to others for an ordinary degree but I am sure they have. Its really annoying when you complete your side of the deal and they then move the goalposts.
 
If push comes to shove, it sounds like they wouldn't have a leg to stand on as they haven't defined "degree". I would recommend that you document your position clearly to them and hope that logic will prevail. You have hit the key points - it would be hard to see how they could continue to maintain their position.
 
you should raise the matter as a formal grievance under the Company's Grievance Policy and deal only in writing
 
Minitauro said:
But as it states it clearly as above and does not define it to be an honours degree or level 8 do I still have a case to get the rise? My contract was made in 2004.
Click to expand...

It's tricky one and you'll need advice. Your contract was signed after the National Qualifications Framework came into play so it would be to that standard your rise is judged.

The problem is one of semantics in this case and whether or not the contract is clear. However, the contract may have been based on older terminology as we would understand a "third level degree", i.e. traditionally viewed as an honours degree. So the contract may have been based on a template from before the framework using old terminology.

It would be an "industrial norm" to consider Level 8 and above as being 3rd Level Degree.
 
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