Labour Court Database __________________________________________________________________________________ File Number: CD86763 Case Number: LCR10916 Section / Act: S67 Parties: MITCHELSTOWN CO-OP - and - ITGWU |
Claim, on behalf of one worker, for meal and travel allowances.
Recommendation:
6. The Court, having considered the submissions made by the
parties, recommends that Drombanna should be regarded as the
worker's base and that he should be paid travel and meal
allowances on the occasions when he is required to do relief work
with effect from 1st February, 1986.
Signed on behalf of the Labour Court
Nicholas Fitzgerald
14th January, 1987 -------------------
T.O'M/U.S. Deputy Chairman
Division: Mr Fitzgerald Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD86763 THE LABOUR COURT LCR10916
CC861431 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10916
Parties: MITCHELSTOWN CO-OPERATIVE SOCIETY
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim, on behalf of one worker, for meal and travel
allowances.
Background:
2. The worker concerned is a general worker who was employed in
1983/84 as a relief worker for five of the Co-operative's
branches, Drombanna, Ardracrusha, Kildimo, Blackabbey and Granagh.
The Union is claiming that the worker should be paid a meal and
travel allowance when he is required to travel to any of the
branches apart from Drombanna. The Union regards that branch as
the worker's base. At present the travel allowance is 39p per
mile and the meal allowance is #4.37 per day. The Co-Operative
rejected the claim.
3. No agreement was reached through local negotiations and on
26th August, 1986 the matter was referred to the conciliation
service of the Labour Court. A conciliation conference was held
on 1st October, 1986, which was the earliest date suitable to the
parties. However, no agreement was reached and on 3rd October,
1986 the case was referred to the Court for investigation and
recommendation. A Labour Court hearing was held on 12th November,
1986 in Limerick.
Union's arguments:
4. (i) The Union is seeking to bring the workers's conditions
into line with the accepted practice for other workers
in the Co-Operative and in other Societies. The worker
is not paid meal and travel allowance if he is given
advance notice that he is to provide relief at any of
the branches mentioned. He only receives such payments
when he is sent on casual relief with little or no
notice. These conditions are not applied to any other
workers in any co-operatives in the region. The
Co-operative's relief worker in the southern part of
the county is paid travel and meal allowances when
doing relief work.
(ii) It is unacceptable that the Co-operative should not
extend the normal conditions to this worker simply
because he is a new worker.
(iii) The worker is based at Drombanna and should be paid the
appropriate allowances when required to travel to the
other branches. These vary in distance from 7 to 22
miles from the worker's base.
Co-operatives arguments:
5. (a) The need to get to and from the various branches at his
own expense was specifically outlined during the course
of the worker's interview. The worker accepted the job
on that basis.
(b) The Society is prepared to sypathetically consider some
payment for time spent on relief duties for reasons
other than annual leave. In the circumstances this is
fair and reasonable.
(c) The Society is not prepared to pay the allowances
sought to the worker when he is on relief for workers
who are on annual leave.
RECOMMENDATION:
6. The Court, having considered the submissions made by the
parties, recommends that Drombanna should be regarded as the
worker's base and that he should be paid travel and meal
allowances on the occasions when he is required to do relief work
with effect from 1st February, 1986.
Signed on behalf of the Labour Court
Nicholas Fitzgerald
14th January, 1987 -------------------
T.O'M/U.S. Deputy Chairman