Labour Court Database __________________________________________________________________________________ File Number: CD87296 Case Number: LCR11230 Section / Act: S67 Parties: DUBLIN CORPORATION - and - IMETU;ITGWU |
Claim, by the Union on behalf of 2 workers, for compensation for loss of overtime.
Recommendation:
6. Having regard to all the circumstances of this case, the Court
does not recommend concession of the Unions claim.
Division: Mr Fitzgerald Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87296 THE LABOUR COURT LCR11230
CC87367 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11230
PARTIES: DUBLIN CORPORATION
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
IRISH MUNICIPAL EMPLOYEES' TRADE UNION
Subject:
1. Claim, by the Union on behalf of 2 workers, for compensation
for loss of overtime.
Background:
2. The workers concerned are employed in the Roads Maintenance
Depot in Howth. Overtime had been worked on a regular basis, both
midweek and on Saturdays, for a considerable period - 10 years in
one case and 3 years in the other. The overtime was stopped in
October, 1986, and the Unions lodged a claim for compensation,
arguing that there had been payments in other similar cases,
amounting to 30% of the annual loss. For the workers concerned
the annual loss was approximately #3,500 and #2,500 and the Unions
felt that since the workers living standards had been built around
this overtime, the least they could expect was some compensation
to cushion the loss.
3. The Corporation said that the overtime had been found
unnecessary as a result of an internal investigation which
revealed irregularities, resulting in the early retirement of an
inspector, downgrading of an assistant inspector and disciplinary
action against others, including the workers concerned. Overtime
was also being cut-back as much as possible, throughout the
Corporation, for economic reasons. The Corporation could not pay
compensation in these circumstances. As no resolution of the
matter could be achieved locally, the matter was referred, on 2nd
March, 1987, to the conciliation service of the Labour Court. A
conciliation conference on 3rd April, 1987, failed to provide any
basis for a settlement, so the parties referred the matter to the
Labour Court, for investigation and recommendation. A Court
hearing took place on 18th May, 1987.
Unions' arguments:
4. (i) The overtime has been worked on a regular basis over a
number of years and is the equivalent of 20 hours per
week at normal time. The payment of compensation will
help to cushion the blow in the initial period while
the workers concerned try to re-adjust to this loss of
earnings.
(ii) The Unions do not accept that serious abuses of
overtime which may have occurred in the Howth Depot,
is a valid reason for not paying compensation in this
case. Neither of the workers was involved in any
serious abuse of overtime. To refuse to pay
compensation for this reason would penalise them
unfairly.
(iii) The Unions appreciate that local authorities are
underfunded at present and are sympathetic to this
predicament. However, it must also be appreciated
that the current recession is also hitting the living
standards of the Corporation's workers. By cutting
overtime the Corporation will make ongoing savings,
whilst the workers will suffer an ongoing loss.
(iv) There are many precedents for payment of compensation
for loss of overtime earnings in situations similar to
this, where the overtime worked was over a long period
and expectations were for it to continue. The Court
has in the past recommended compensatory payments and
the Unions believe that compensation is justified in
this instance.
Corporation's arguments:
5. (a) The overtime at Howth Depot was stopped because an
investigation indicated that the overtime being worked
was unnecessary. Irregularities of a serious nature
were discovered during the investigation and
disciplinary action had to be taken against the
workers concerned in this claim. (Details provided to
the Court). Given the circumstances in which the
overtime was terminated, the Corporation regard it as
ludicrous that a claim for compensation should be
made.
(b) The workers concerned and their Unions, do not
appreciate the gravity with which the Corporation
views their irregularities, and this is illustrated by
the extraordinary step in making the claims in the
light of all the circumstances involved. The fact
that, in the case of some of the irregularities
discovered the workers concerned were operating under
instructions from superiors, does not absolve them
from responsibility.
(c) The Corporation is in a dire situation financially and
has no funds available to meet this sort of claim.
All the Corporation's endeavours must now be
concentrated on reducing and eliminating unnecessary
expenditure in every possible area, including
unnecessary overtime.
RECOMMENDATION:
6. Having regard to all the circumstances of this case, the Court
does not recommend concession of the Unions claim.
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Signed on behalf of the Labour Court
8th June, 1987 Nicholas Fitzgerald
B.O'N./P.W. Deputy Chairman