Labour Court Database __________________________________________________________________________________ File Number: CD86782 Case Number: AD86100 Section / Act: S13(9) Parties: U.C.D. - and - AUEW(TASS) |
Appeal, by the Union, against a Rights Commissioner's recommendation No. CM/16,972 concerning disturbance payment to two laboratory technicians.
Recommendation:
5. The Court is of the view that the Rights Commissioner's
recommendation is fair and reasonable and accordingly rejects the
appeal.
The Court so decides.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD86782 THE LABOUR COURT AD100/86
Section 13(9) INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 100 OF 1986
PARTIES: UNIVERSITY COLLEGE DUBLIN
AND
AMALGAMATED UNION OF ENGINEERING WORKERS (TASS)
Subject:
1. Appeal, by the Union, against a Rights Commissioner's
recommendation No. CM/16,972 concerning disturbance payment to two
laboratory technicians.
Background:
2. As part of a rationalisation programme the two workers
concerned are required to transfer from the College's farm at
Lucan to Belfield. Worker A lives in Leixlip while Worker B lives
in Enfield. The Union claimed #2,000 compensation for disturbance
for worker A and an unspecified amount for worker B. No agreement
was reached at local level and the matter was referred to a Rights
Commissioner who held an investigation on 26th August, 1986 and,
on 27th August recommended as follows:-
" Worker B to get a sum of #1,250 when he has transferred but
if this is after 1st March 1987 he should be given an
additional #100.
Worker A to get a sum of #1,250 when he has transferred. "
The Union on the 8th October, 1986, appealed this recommendation
to the Labour Court under Section 13(9) of the Industrial
Relations Act, 1969. The Court heard the appeal on 14th November,
1986.
The workers were named in the Rights Commissioner's
recommendation.
Union's argument:
3. In January, 1983 the Labour Court recommended (AD-4-86) the
following for staff moving from Earlsfort Terrace to
Clonskeagh.
(a) Persons classified as very seriously disturbed
#1,200.00
(b) Persons classified as seriously disturbed
# 800.00
(c) Persons classified as less seriously disturbed
# 400.00
The Union believe that the following pattern of compensation
has been developed:-
1979 #800 8 miles
1983 #1,200 3 miles
1986 #11,200 16 miles
However, the rate of inflation between 1979 and 1983
compounded, is 83.98% and the compounded interest between
1983 and 1986 is 31.5%. Therefore, adjusting our figure
gives an approximate figure of #8,500 compensation each for
the individuals concerned in this claim.
College's argument:
4. (i) This case is the latest in a series of disturbance
claims which have been made against the College in
recent years. In August, 1984 laboratory attendants
who transferred from Kilkieran, near Finglas, to
Belfield claimed disturbance payments and were given
awards by the Rights Commissioner as follows:-
Laboratory Attendants living north of the river liffey
- #1,000 each.
Laboratory Attendants living south of the river liffey
- # 500 each.
This recommendation was applied to another member of
staff who claimed disturbance payment in October,
1984. In July, 1985 and April, 1986 other claimants
transferred from Kilkieran to the Veterinary College,
Ballsbridge and were awarded #1,100 each by the Rights
Commissioner.
(ii) The College considers the Rights Commissioner's award
of 27th August, 1986 to be reasonable and consistent
with the awards made to previous claimants and is
willing to accept and implement the award.
DECISION:
5. The Court is of the view that the Rights Commissioner's
recommendation is fair and reasonable and accordingly rejects the
appeal.
The Court so decides.
~
Signed on behalf of the Labour Court
Evelyn Owens
__12th__December,__1986. ___________________
A. K. / M. F. Deputy Chairman