Labour Court Database __________________________________________________________________________________ File Number: CD88459 Case Number: LCR11984 Section / Act: S20(1) Parties: MCKEEVER BROTHERS LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of one general operative for the payment of travelling time.
Recommendation:
4. On the basis of the evidence before it the Court is of the
opinion that travelling time constituted a condition of this
employee's service which was unilaterally withdrawn. The Court,
therefore, recommends that the worker be paid 1 hour per day, the
rate he had previously enjoyed, for each day he worked on the site
at Lucan.
Division: Mr O'Connell Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD88459 RECOMMENDATION NO. LCR11984
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: MCKEEVER BROTHERS LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of one general operative for the
payment of travelling time.
BACKGROUND:
2. The worker concerned was employed by the Company for a period
of four years, until June, 1987. Up to December, 1986, he had
been in receipt of a travelling time payment. In January, 1987,
he was sent to work on a job in Lucan, where he was told by the
Company's Site Manager that he would no longer be in receipt of
travelling time. The worker continually raised the matter with
the Company, however they refused to pay the travelling time. On
23rd June, 1988, the Union referred the issue to the Labour Court
for investigation under Section 20(1) of the Industrial Relations
Act, 1969. The Union agreed to be bound by the Court's decision.
The Company did not attend a Court hearing held on 22nd July,
1988.
UNION'S ARGUMENTS:
3. The worker concerned had been in receipt of 1 hours travelling
time per day for three and a half years before the Company stopped
paying it. The Company is obliged to pay travelling time as this
arrangement is covered by the Agreement for the Electrical
Industry. The Company is therefore in breach of the Agreement by
refusing to pay it. The worker was employed on the basis that
travelling time would be paid.