Labour Court Database __________________________________________________________________________________ File Number: CD/87/126 Case Number: AD8724 Section / Act: S13(9) Parties: UCD - and - AUEW(TASS) |
Appeal against Rights Commissioner's Recommendation No. CM/17,174 concerning a disturbance payment for a worker.
Recommendation:
5. The Court is of the opinion that in this case the request for
the transfer had lapsed some time before it actually took place.
In the circumstances the Court considers that the Rights
Commissioner's Recommendation should be amended to provide
compensation to the amount of #1,350. The Court so decides.
Division: Mr O'Connell Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87126 THE LABOUR COURT AD24/87
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 24 OF 1987
Parties: UNIVERSITY COLLEGE DUBLIN
and
AMALGAMATED UNION OF ENGINEERING WORKERS (TASS)
Subject:
1. Appeal against Rights Commissioner's Recommendation No.
CM/17,174 concerning a disturbance payment for a worker.
Background:
2. In February, 1986 a disturbance payment of #2,000 was agreed
for a worker to transfer from Lyons Estate to Belfield following a
conciliation conference on the matter. This move resulted in the
worker, who is the subject of this appeal being required to
transfer from Belfield to Lyons Estate. The Union sought similar
compensation for this worker based on the similarity of the
disturbance involved. The College refused to pay compensation.
The matter was referred to a Rights Commissioner for investigation
and recommendation. Following an investigation the Rights
Commissioner issued a Recommendation on 8th December, 1986 as
follows: "The disturbance to him is by no means as substantial as
the case for which #2,000 was conceded. Also, the transfer is to
his advantage. Consequently I recommend a sum of #650."
The Recommendation was appealed by the Union to the Labour Court
under Section 13(9) of the Industrial Relations Act, 1969. A
Labour Court hearing was held on 23rd March, 1987.
Union's arguments:
3. (a) The fact that the Rights Commissioner recommended that
the worker should be compensated indicated that the
request for transfer came from the College. However
the Rights Commissioner did not recognise the fact
that; (1) the worker will have to arrange alternative
transport, as the nearest stand off point for public
transport is a 45 minute walk away and (2) the
facilities which the worker enjoyed while employed at
Belfield will no longer be available to him.
(b) The worker has not been treated fairly when compared to
other technicians who have been transferred (details
supplied to the Court).
College's arguments:
4. (i) The worker's claim appears to be based on a comparison
with his colleague's case. However there are
differences in the two cases. The worker who
transferred to Belfield lost the use of free transport
which was available up to 1985, and took up the option
of transferring plus compensation. However the worker
concerned had sought a transfer from Belfield to Lyons
Estate. He is now working eleven miles nearer to his
house so the transfer is to his advantage. The Rights
Commissioner effectively endorses the College's view of
the worker's claim. The College is willing to accept
and implement the award and asks the Court to recommend
its implementation without amendment.
DECISION:
5. The Court is of the opinion that in this case the request for
the transfer had lapsed some time before it actually took place.
In the circumstances the Court considers that the Rights
Commissioner's Recommendation should be amended to provide
compensation to the amount of #1,350. The Court so decides.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
Deputy Chairman
6th April, 1987
M.D./J.C.