Labour Court Database __________________________________________________________________________________ File Number: CD88438 Case Number: LCR12055 Section / Act: S67 Parties: DEPARTMENT OF DEFENCE - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION;IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Unions, for compensation due to adverse working conditions.
Recommendation:
5. The Court is of the opinion that within the strictures imposed
by the current limits on public expenditure the Department has
done all that is possible to alleviate the hardship caused due to
storm damge. However as a gesture of appreciation for the
co-operation of the workers concerned in the immediate aftermath
of the storm the Court recommends that they each be paid an ex
gratia payment of £50.
Division: Mr O'Connell Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD88438 RECOMMENDATION NO. LCR12055
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DEPARTMENT OF DEFENCE
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Unions, for compensation due to adverse working
conditions.
BACKGROUND:
2. The workers concerned in this dispute are storemen employed in
the main technical stores in Clancy Barracks. In February, 1988,
following a spell of bad weather including high winds, a section
of the roof of the old storehouse was blow down. The condition of
the roof was such that it was not possible to repair it as it was
neither economic or safe to do so. A new technical stores
building had previously been constructed, and at the time of the
accident was ready for occupation. The workers were preparing for
the move through preparatory work such as stocktaking coding, and
computer input. During the remainder of February and also March
and April, the workers continued this activity. The Union on
behalf of the workers claims that conditions were very bad during
this period and that the workers should be compensated for the
hardship which they endured. The Department rejected the claim.
It stated that every effort was made to alleviate any adverse
working conditions by reducing the number of working hours in the
old stores. Agreement could not be reached at local level, and on
8th April, 1988, the matter was referred to the conciliation
service of the Labour Court. A conciliation conference took place
on 24th May, 1988. Agreement was not reached, and on 9th June,
1988 the matter was referred to the Labour Court for investigation
and recommendation. A Court hearing took place in Dublin on 9th
September, 1988.
UNIONS' ARGUMENTS:
3. 1. During the months in question conditions in the old stores
were very bad as a large section of the roof had been blown
away. On occasions temperatures were very low, and rain came
in through the damaged roof. On several occasions workers
were obliged to wear their overcoats in order to avoid
freezing.
2. The actual stores and the equipment in it was affected by
the adverse weather conditions, some of which became rusted.
This made the handling of the materials difficult and dirty.
Despite all the difficulties facing them, the workers
co-operated fully with management. While they complained
about the conditions, they continued to carry out all the
duties required of them.
3. Apart from the severe cold, the wet conditions also
affected the lighting in the area. This was another
difficulty with which the workers had to contend. Payment of
compensation for adverse working conditions is a well
established principle of industrial relations. Court
recommendation LCR6122 bears this out. In all the
circumstances, the Unions believe that compensation is fully
justified, and asks the Court to so recommend.
DEPARTMENT'S ARGUMENTS:
4. 1. The storm which caused the damage was an act of God which
could not have been foreseen. New stores have been built at a
cost of £800,000. The storemen will enjoy their remaining
working years in a comfortable modern building.
2. Every effort was made to relieve the burden on the
workers. An agreement at local level allowed the workers not
to begin work until after 11 a.m., in the area where the roof
had been blown off. This was in order to allow for a raising
of temperature in the morning. They were also allowed to
finish work in the area after 3 p.m.
3. A special increase was agreed with worker representatives
for the new work practices arising from the move to the new
premises (details supplied to the Court). The first phase of
this increase came into effect from 1st December, 1985, and
the final phase in July, 1988. The first phase was paid for
before any changes were required of the workers.
4. Over the recent past recruitment of casual employees to
the maintenance company of the corps of engineers has
commenced. The prospect of continued employment for those
recruited is dependent on the availability of sufficient
funds. If the Unions' claim is conceded, the employment
prospects of these workers will be severely jeopardised. The
Department asks the Court to reject the claim.
RECOMMENDATION:
5. The Court is of the opinion that within the strictures imposed
by the current limits on public expenditure the Department has
done all that is possible to alleviate the hardship caused due to
storm damge. However as a gesture of appreciation for the
co-operation of the workers concerned in the immediate aftermath
of the storm the Court recommends that they each be paid an ex
gratia payment of £50.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
6th October, 1988 Deputy Chairman.
P.F./J.C.