Labour Court Database __________________________________________________________________________________ File Number: CD88468 Case Number: LCR12040 Section / Act: S67 Parties: QUINNSWORTH LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Disturbance compensation.
Recommendation:
5. The Court considers that by comparison with other changes of
location there is very little disturbance involved in this case.
The Court, however, having regard to past policy in this Company,
recommends that £100.00 gross be paid to each permanent employee
who transferred from the old store and is still in the Company's
employment on 1st December, 1988.
Division: CHAIRMAN Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD88468 RECOMMENDATION NO. LCR12040
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: QUINNSWORTH LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Disturbance compensation.
BACKGROUND:
2. The Company has been trading in Mullingar for approximately
twenty years. In 1980 its two outlets were amalgamated and moved
to a larger store. Disturbance compensation was paid for that
move. Following the closure of H. Williams, the Company took over
the Mullingar branch of that company which was located
approximately 300 yards from their own premises. The new premises
was more suitable from the Company's viewpoint and the operation
was transferred in June, 1988 The Union, on behalf of
approximately seventy workers, served a claim on the Company for
compensation for disturbance and co-operation in the change of
location. The Company rejected this claim. As no agreement could
be reached at local level the matter was referred to the
conciliation service of the Labour Court. No basis for a
settlement was reached at a conciliation conference held on 30th
May, 1988 and the matter was referred to the Labour Court for
investigation and recommendation. A Court investigation into the
dispute was held in Mullingar on 13th September, 1988.
UNION'S ARGUMENTS:
3. 1. It is normal practice within Quinnsworth to pay
disturbance compensation (details supplied to the Court).
When workers transferred from the two stores to the new store
in 1980 they received compensation.
2. The new site is further from the town centre and for
most of the workers this means a longer distance to travel to
and from work. Also they will have less time during their
lunch break to spend in the town.
3. The workers fully co-operated with the Company during
the move and worked hard to ensure the new store opened on
time.
4. It is normal practice for good employments to pay
disturbance compensation. The Company claims to be a good
employer and should concede this claim.
COMPANY'S ARGUMENTS:
4. 1. The Company's main objective in moving to new premises
in Mullingar was to protect its business in the town and make
the jobs of its staff more secure (details supplied to the
Court). It should not be penalised for this.
2. There was no loss of pay or employment as a result of
the transfer. Neither was there any redundancy, or threat of
redundancy, associated with the transfer. The workers did not
incur additional expenses and suffered only minimal
inconvenience.
3. The staff and management transferred "en bloc" and there
was, therefore, no question of staff members having to
integrate with strangers. Work groups and normal
relationships were not disrupted. Therefore, there were no
grounds for fearing the transfer.
4. There is no precedent within the Company of payments
made in the particular circumstances of this transfer.
5. The acquisition of the new premises, its renovation,
refurbishment and re-equipment cost the Company a considerable
amount of money. To date the Company has not been successful
in finding a suitable buyer or tenants for its former
premises.
6. At the conciliation conference the Company was prepared
to discuss some small payment as a gesture of goodwill. Any
such payment would have to be subject to the normal
deductions.
RECOMMENDATION:
5. The Court considers that by comparison with other changes of
location there is very little disturbance involved in this case.
The Court, however, having regard to past policy in this Company,
recommends that £100.00 gross be paid to each permanent employee
who transferred from the old store and is still in the Company's
employment on 1st December, 1988.
~
Signed on behalf of the Labour Court
John M Horgan
27th September, 1988 -----------------
R.B./U.S. Chairman