Labour Court Database __________________________________________________________________________________ File Number: CD87356 Case Number: AD8758 Section / Act: S13(9) Parties: BUS EIREANN - and - ITGWU |
Appeal, by the Company against a Rights Commissioner's Recommendation No. CM/17363, concerning compensation for loss of earnings for a part-time school bus driver.
Recommendation:
6. The transfer of servicing from Drogheda to Navan was a logical
development in the context of falling business and of itself would
not warrant the payment of compensation to the worker. However in
the light of the unusual intervening circumstances the Court
upholds the Rights Commissioner's recommendation.
The Court so decides.
Division: Mr Fitzgerald Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87356 THE LABOUR COURT AD5887
Section 13(9) INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 58 OF 1987
PARTIES: BUS EIREANN
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Appeal, by the Company against a Rights Commissioner's
Recommendation No. CM/17363, concerning compensation for loss of
earnings for a part-time school bus driver.
Background:
2. The worker concerned has been employed as a part-time school
bus driver in the Navan area since 1979. Prior to 1985, the buses
were serviced and repaired in the Drogheda garage. As a result of
a fall-off in business, a rationalisation scheme was introduced
whereby Drogheda garage was closed and the maintenance and
servicing of school buses was transferred to Broadstone garage in
Dublin. When the servicing was carried out in the Drogheda
garage, the worker concerned provided a "ferrying service" of the
buses to Drogheda and was paid the appropriate rate for this work.
In the Dublin area, all school buses have traditionally been
ferried to Broadstone garage by permanent drivers attached to that
garage. The unions representing these permanent drivers objected
to the worker concerned providing the "ferrying service" but
agreed to allow her to continue to do so till the end of 1985,
thereafter it would be done, in accordance with custom and
practice, by the permanent drivers attached to Broadstone.
3. The Union submitted a claim for compensation for loss of
earnings on behalf of the worker, but this was rejected by the
Company and the matter was referred to a Rights Commissioner for
investigation and recommendation. On 19th January, 1987, the
Rights Commissioner issued the following recommendation;
"That the claim be settled with a sum of #300 to the worker
concerned".
(The worker concerned was mentioned by name in the
recommendation).
On 30th April, 1987, the Company appealed the Rights
Commissioner's Recommendation to the Labour Court, under Section
13(9) of the Industrial Relations Act, 1969. A Court hearing took
place on 23rd June, 1987, in Navan.
Company's arguments;
4. (a) Payment to part-time school bus drivers is calculated
purely on the basis of hours worked with reductions in
payment where hours of work are curtailed subject to a
minimum payment of 21 hours (details provided to the
Court). The worker concerned is still engaged on
additional work ferrying school buses between
locations in Co. Meath and payments are only made for
the actual hours worked.
(b) The Company is not in contravention of any agreement
and to pay compensation to a part-time worker, whose
contract is on the basis of payment for actual hours
worked, would be setting a precedent which is a
contradiction to agreed arrangements for paying staff.
(c) The reason for transferring the maintenance work to
the Broadstone garage was the serious decline in
business. The Company does not pay compensation for
loss of earnings which result from a fall-off in
business, a principle which has been upheld by the
Labour Court in previous recommendations.
(d) The Company has been set the major task of breaking
even by 1988 by the Government and as a result must
contain any additional costs. The payment of
compensation for loss of earnings, in this instance
would be a new and additional cost to operating the
School Transport Services.
Union's arguments:
5. (i) The Company had no proper consultations on the change
in the ferrying system with the worker concerned.
(ii) The worker concerned was offered the work of ferrying
the buses to garages for maintenance. Each bus had to
be docked at 6 or 7 week intervals for this
maintenance. In addition, the ferrying of buses for
more involved maintenance took place during the school
holiday periods. The hours involved in this ferrying
represents at least 120 hours work in a year. For any
part-time worker, the Union believes that this kind of
lost earning opportunity is significant and that
compensation is justified.
DECISION:
6. The transfer of servicing from Drogheda to Navan was a logical
development in the context of falling business and of itself would
not warrant the payment of compensation to the worker. However in
the light of the unusual intervening circumstances the Court
upholds the Rights Commissioner's recommendation.
The Court so decides.
~
Signed on behalf of the Labour Court
10th July, 1987 Nicholas Fitzgerald
B.O'N./P.W. Deputy Chairman