Labour Court Database __________________________________________________________________________________ File Number: CD89522 Case Number: AD8958 Section / Act: S13(9) Parties: UNIVERSITY COLLEGE DUBLIN - and - A WORKER |
Appeal by the College against Rights Commissioner's Recommendation No. ST 171/89 concerning compensation for a worker.
Recommendation:
5. The Court has considered the submissions from both parties,
noted that payment has been made on previous occasions in relation
to staff moving from Lyons Estate to Belfield. The Court is of
the view that the College has not submitted any substantive
argument for altering the Rights Commissioner's recommendation and
accordingly upholds the recommendation and rejects the appeal.
The Court so decides.
Division: Ms Owens Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD89522 APPEAL DECISION NO. AD5889
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: UNIVERSITY COLLEGE DUBLIN
and
A WORKER
SUBJECT:
1. Appeal by the College against Rights Commissioner's
Recommendation No. ST 171/89 concerning compensation for a worker.
BACKGROUND:
2. The worker concerned was employed as an executive assistant at
Lyons Estate, Newcastle, Co. Dublin, which is part of the
College's agriculture and veterinary medicine faculty. In 1988,
as part of a rationalisation programme, the College decided to
transfer the staff at Lyons to Belfield. The worker received
notification of her transfer in October, 1988. She lodged a claim
for a disturbance payment to compensate for the additional travel
costs and inconvenience which the transfer involved. The College
rejected the claim. Local discussions failed to resolve the issue
and the dispute was referred to a Rights Commissioner for
investigation and recommendation on the 12th June, 1989. On the
21st June, 1989, the Rights Commissioner issued his recommendation
as follows:
"The claimant has suffered considerable disruption to her
working life and her domestic situation by the dramatic
changes which she has had to endure since the transfer from
Lyons. She is nearing pensionable age and but for the fact
that she is very short on years for a pension, which would
allow her live in reasonable comfort, she would have taken
early retirement, rather than transfer at the time. In the
circumstances, she is entitled to benefit in like manner from
Rights Commissioner Recommendation S.T. 127/89, as her
colleagues. I therefore recommend that she receives #500 in
full and final settlement of all her claims arising out of
her employment at Lyons since 1972 and her subsequent
transfer to Belfield to perform a variety of duties as
directed."
The College rejected the Rights Commissioner's recommendation and
on the 24th July, 1989 appealed it to the Labour Court under
Section 13(9) of the Industrial Relations Act, 1969. A Court
hearing was held on the 8th August, 1989.
WORKER'S ARGUMENTS:
3. 1. The worker concerned is 63 years old. When she reported
for duty at Belfield in November, 1988 she was given various
jobs and moved around from department to department. She was
previously employed as a wages clerk, and on livestock records
and was used to working at figures. Her new post put a lot of
stress on her and she was quite unwell for several months,
nevertheless she continued working.
2. Since her transfer to Belfield she has to spend a great
deal of time travelling to and from work. There is also the
extra cost involved in bus fares. Sometimes it takes her from
two to three hours to get home in the evenings. From Lyons it
took 35 minutes.
3. She would have taken early retirement but for the fact
that she has only worked for the College since 1972, therefore
her pension would be very small had she retired in December,
1988.
4. The worker believes that the Rights Commissioner's award
is very small, considering that it is subject to tax and asks
the Court to consider a higher sum or at least uphold the
award of #500.
COLLEGE'S ARGUMENTS:
4. 1. This claim is one of approximately 10 submitted by various
unions and individuals for compensation in respect of
transfers from Lyons or Merrion Street to Belfield. The cost
of implementation of all the claims will be substantial.
2. The College has suffered severe financial cutbacks as a
result of reductions in grant income in the past two years and
has been obliged to seek economies where possible.
Considerable reductions in staff numbers and certain services
have been made to enable the College to exist within its
income.
3. A Government directive issued in 1983 stated that "the
payment of disturbance allowances to public servants who are
relocated in modern offices, often not very far away and
sometimes nearer their homes, can no longer be justified."
4. In 1987 the Higher Education Authority (H.E.A.) issued a
reminder that disturbance payments should not be made and that
funds would not be provided to meet them. The College is
obliged to follow the policy laid down by the Government and
the H.E.A. and accordingly it has resisted all claims for the
payment of disturbance money.
DECISION:
5. The Court has considered the submissions from both parties,
noted that payment has been made on previous occasions in relation
to staff moving from Lyons Estate to Belfield. The Court is of
the view that the College has not submitted any substantive
argument for altering the Rights Commissioner's recommendation and
accordingly upholds the recommendation and rejects the appeal.
The Court so decides.
~
Signed on behalf of the Labour Court
Evelyn Owens
______________________
21st August, 1989 Deputy Chairman.
T.O'D./J.C.