Labour Court Database __________________________________________________________________________________ File Number: CD88647 Case Number: LCR12048 Section / Act: S20(1) Parties: MERCHANTS WAREHOUSING PLC - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim on behalf of one worker for compensation in respect of overtime arrangements.
Recommendation:
5. Having considered the submissions from both parties, the Court
is of the view that the position which the claimant held in the
Company from 1983 did not qualify for the additional allowance on
overtime.
The Court accordingly does not recommend concession of the claim.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD88647 RECOMMENDATION NO. LCR12048
INDUSTRIAL RELATIONS ACT, 1969
SECTION 20(1)
PARTIES: MERCHANTS WAREHOUSING PLC
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim on behalf of one worker for compensation in respect of
overtime arrangements.
BACKGROUND:
2. The worker concerned was employed in the general maintenance
section of the Company as a maintenance helper. When the Company
was taken over in early 1988, he, along with the majority of the
staff, was made redundant. The Union claim that in December,
1987, it came to the claimant's attention that workers in other
sections were in receipt of a payment of 56p per hour on overtime
in lieu of the allowance they received during their normal hours.
Whilst the claimant was in receipt of a similar allowance, he did
not receive this payment on overtime work. The Union raised the
matter locally but it was rejected by Management. As Management
was unwilling to attend a conciliation conference to discuss the
matter, the Union referred it to the Labour Court under Section
20(1) of the Industrial Relations Act, 1969, agreeing beforehand
to be bound by the Court's recommendation. A Court hearing was
held on the 15th September, 1988.
UNION'S ARGUMENTS:
3. 1. Every other general worker who was in receipt of an
allowance (cold store money, dirty money) received an
additional allowance of 56p per hour on overtime in lieu of
the normal allowance. However, this was not paid to the
claimant.
3. 2. He worked a guaranteed eight hours overtime per week and
in addition he regularly worked in excess of this for special
jobs. At times this might include working a full week-end for
duties such as doing firewatch. Therefore, the amount that he
was at a loss was a minimum of #4.48 per week but normally was
well in excess of that.
3. The Court is requested to recommend that he be paid the
56p per hour on any overtime he worked, retrospective to his
commencement in that position in January, 1983.
COMPANY'S ARGUMENTS:
4. 1. The claimant was in receipt of established rates of pay
and conditions of employment for the section in which he
worked. His overtime rate of time and a half was based on his
basic hourly rate, an arrangement which applied to the rest of
the maintenance staff in the Company. No additional overtime
payments were made.
2. Forklift drivers who were employed in the Company's cold
store in East Wall received a fixed #3 per day cold store
payment. As this payment was constant, it was reflected in
their overtime pay. It appears that the worker is claiming
that he should be compensated as he did not have any
additional payment reflected in his overtime.
3. This overtime arrangement was never enjoyed by staff in
the claimant's category, nor was it the subject matter of
negotiation between the Company and the Union until the matter
was raised in February, 1988. Therefore, there can be no
question of compensation.
RECOMMENDATION:
5. Having considered the submissions from both parties, the Court
is of the view that the position which the claimant held in the
Company from 1983 did not qualify for the additional allowance on
overtime.
The Court accordingly does not recommend concession of the claim.
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Signed on behalf of the Labour Court.
Evelyn Owens
__27th__September,__1988. ___________________
D. H. / M. F. Deputy Chairman