Labour Court Database __________________________________________________________________________________ File Number: CD87264 Case Number: LCR11275 Section / Act: S67 Parties: DEPT. OF DEFENCE - and - ITGWU |
Claim for compensation for loss of earnings for a worker due to a change of duties.
Recommendation:
5. In view of the fact that the claimants overall position has
not been worsened and that his pension position has been protected
the Court recommends that the Department's offer of #500 should be
accepted.
Division: Ms Owens Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87264 THE LABOUR COURT LCR11275
CC86886 INDUSTRIAL RELATIONS ACT, 1946 TO 1976
RECOMMENDATION NO. LCR11275
PARTIES: DEPARTMENT OF DEFENCE
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim for compensation for loss of earnings for a worker due
to a change of duties.
BACKGROUND:
2. The worker concerned has been employed as a general operative
by the Department since 1974. He had been assigned to civilian
driving duties from that time up to 1986. He was employed at
Athlone and was involved in the collection and distribution of
stores. When he was away from base on official duties he was paid
the appropriate overtime and subsistence rates. He was also paid
a driving allowance of #3.67 per week. In February, 1986, as part
of a rationalisation programme the driving duties were taken over
by the military. The Union claimed compensation on behalf of the
worker for loss of earnings equated at approximately #40 a week
due to loss of monies for (a) subsistence, (b) overtime, (c)
driving allowance and (d) future loss of pension rights. At a
meeting held in March, 1986 the Department indicated that they
would consider a claim for compensation for loss of the driving
allowance only. This was not acceptable to the Union and the
matter was referred to the conciliation service of the Labour
Court on 20th May, 1986. A conciliation conference was held on
22nd June, 1986 at which the Department offered compensation of
#350 (loss of driving allowance from the time the worker was taken
off driving duties up to the time of his retirement in December,
1987). This was subsequently increased to #500. This offer was
rejected by the Union. In March, 1987 the parties requested a
referral to the Labour Court for investigation and recommendation.
A Labour Court hearing was held in Athlone on 16th June, 1987.
Union's arguments:
3. (a) The worker is entitled to be fully compensated as there
was no bona fide reason for removing him from these
duties. Other civilians in other barracks around the
country are continuing to carry out these duties.
(b) The overtime worked happened so regularly that it
became a built-in requirement of his job. As such it
could be considered rostered overtime and therefore
deserving of compensation.
(c) The offer of #500 compensation does not correspond with
the worker's potential earnings had he been retained on
driving duties and as such fails to compensate him
accordingly.
Department's arguments:
4. (i) The claim for compensation for overtime and
subsistence was rejected because the overtime was not
scheduled or rostered and subsistence is paid as out
of pocket expenses and is not therefore considered as
earnings.
(ii) The worker's earnings have in fact being enhanced
since he was removed from driving duties. He now
works as a boilerman during the heating season from
October to May for which he is paid a shift allowance
(details supplied to the Court). These extra
earnings will be reflected in his lump sum and
pension when he retires.
(iii) Under the circumstances the Department's offer of
#500 compensation is considered fair and reasonable
and the Court is asked to confirm the offer by
recommending its acceptance.
RECOMMENDATION:
5. In view of the fact that the claimants overall position has
not been worsened and that his pension position has been protected
the Court recommends that the Department's offer of #500 should be
accepted.
~
Signed on behalf of the Labour Court.
Evelyn Owens
____1st___July,___1987. ___________________
M. D. / M. F. Deputy Chairman