Labour Court Database __________________________________________________________________________________ File Number: CD88392 Case Number: LCR11961 Section / Act: S67 Parties: AN FORAS TALUNTAIS - and - FEDERATED WORKER' UNION OF IRELAND |
Inclusion of overtime in the calculation of severance payments to five Experimental Officers.
Recommendation:
5. The Court, having considered the submissions from both parties
and noting the agreement reached in 1987 for time off in lieu of
extra hours worked, the terms of which could not be implemented,
recommends the following ex-gratia payments:-
S. Reynolds and L. Doyle £500.00
J. Fenton £300.00
M. O'Keefe and T. O'Brien £200.00
Division: Ms Owens Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD88392 RECOMMENDATION NO. LCR11961
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: AN FORAS TALUNTAIS
AND
FEDERATED WORKER' UNION OF IRELAND
SUBJECT:
1. Inclusion of overtime in the calculation of severance payments
to five Experimental Officers.
BACKGROUND:
2. An Foras Taluntais is a State funded organisation engaged in
agricultural research. The workers concerned, five Experimental
Officers, were employed at the Johnstown Castle Centre in Wexford.
In November, 1987, they applied, along with a number of other
employees to take the Government voluntary redundancy/early
retirement package. Early in 1987 an agreement was drawn up
between management and the Union whereby, with effect from 1st
January, 1987, time off in lieu of extra hours worked would be
given to Experimental Officers. The Union contends that "time off
in lieu of overtime" existed in practice before 1987, while
management contends that the concept of "overtime" did not exist
for Experimental Officers prior to 1987. In mid-November, 1987,
management asked those who had expressed an interest in voluntary
redundancy/early retirement to provide details of all outstanding
overtime. These details were submitted on 24th November, 1987.
The five Experimental Officers retired with effect from 1st
January, 1988. The Union contends that they were given to
understand that their severance payments would include payment for
outstanding overtime. Management refutes this contention and no
such payment was made. The number of hours claimed range from 200
to 1,953. In one case these hours go back as far as 1974. The
average hourly rate of the claimants is £10. The matter was
referred, on 11th March, 1988 to the conciliation service of the
Labour Court. A Conciliation Conference held on 10th May, 1988
failed to resolve the issue and it was referred to a full hearing
of the Labour Court. The hearing took place on 30th June, 1988.