Labour Court Database __________________________________________________________________________________ File Number: CD87265 Case Number: LCR11179 Section / Act: S67 Parties: CORK CORPORATION - and - ITGWU |
Claim on behalf of approximately 168 workers for disturbance compensation.
Recommendation:
5. Having considered the submissions made the Court recommends
that in the case of those transferring from the Main Yard to Half
Moon Lane who are required regularly to report to their depot, a
payment of #100 should be made. The Court does not recommend
payment to those transferring to former E.S.B. premises and others
who are not required to report to Half Moon Lane depot.
Division: Mr O'Connell Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87265 THE LABOUR COURT LCR11179
CC87240 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11179
Parties: CORK CORPORATION
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim on behalf of approximately 168 workers for disturbance
compensation.
Background:
2. The Corporation's main yard situated at Anglesea Street has
undergone many changes over the years resulting in the size of the
yard being reduced and some departments being transferred to the
suburbs. The yard has been sold to the Office of the Public Works
(O.P.W.) and is to be developed as the Cork Garda H.Q.
Consequently the Corporation services located in the main yard at
present are being relocated at Half Moon Lane about a mile from
the present site and at the old E.S.B. yard - about 200 yards from
the present site. The majority of the workers will be moved to
Half Moon Lane. The Union claimed disturbance compensation on
behalf of the workers concerned. This claim was rejected by the
Corporation. The matter was referred to the conciliation service
of the Labour Court on 9th February, 1987. A conciliation
conference was held on 25th March, 1987. As no agreement was
possible both parties agreed to refer the matter to the Labour
Court for investigation and recommendation. A Labour Court
hearing was held in Cork on 15th April, 1987.
Union's arguments:
3. (a) Apart from the extra travel, there are time and cost
implications involved for the workers concerned. The
vast majority of the workers walk to work. They
will now have to leave their homes earlier in the
morning and, will also arrive home from work later in
the evenings. Those that use public transport will
incur extra costs (details supplied to the Court).
(b) Family life and social activities will also be severely
disrupted because of the extra time involved in getting
to work and home. There is no way that the workers can
compensate for these disruptions on an individual
basis. The onus for compensation therefore rests with
the Corporation.
(c) Disturbance payments are a well established practice in
both the private and public sectors. The Corporation
have paid disturbance compensation in the past (details
supplied to the Court). The workers are not prepared
to sustain the burden of this transfer without
compensation.
Corporation's arguments:
4. (i) The claim was rejected because the distance to the
former E.S.B. premises is minimal, the site at Half
Moon Lane is on the south city link road and can be
travelled in a few minutes. In addition most workers
report directly to the site, some have the use of
Corporation vans, and the Corporation are prepared to
discuss any cases where hardship might result because
of the move.
(ii) The concession of the claim would be contrary to
Government policy which has been to end all such
payments from 1st January, 1984, and it would also be
inappropriate having regard to the Corporation's
present financial position which continues to be
seriously in deficit.
(iii) Facilities at the new location are much better than
those at the old site. There are improved car parking,
lockers, washing/drying area, and canteen facilities.
RECOMMENDATION:
5. Having considered the submissions made the Court recommends
that in the case of those transferring from the Main Yard to Half
Moon Lane who are required regularly to report to their depot, a
payment of #100 should be made. The Court does not recommend
payment to those transferring to former E.S.B. premises and others
who are not required to report to Half Moon Lane depot.
~
Signed on behalf of the Labour Court
John O'Connell
___________________
Deputy Chairman.
19th May, 1987.
M.D./J.C.