Labour Court Database __________________________________________________________________________________ File Number: CD89496 Case Number: AD8959 Section / Act: S13(9) Parties: UNIVERSITY COLLEGE DUBLIN - and - IRISH FEDERATION OF UNIVERSITY TEACHERS |
Appeal by the College against Rights Commissioner's Recommendation No. S.T. 49/89 concerning compensation.
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 Commissoner'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__________________________________________________________________
CD89496 APPEAL DECISION NO. AD5989
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: UNIVERSITY COLLEGE DUBLIN
and
IRISH FEDERATION OF UNIVERSITY TEACHERS
SUBJECT:
1. Appeal by the College against Rights Commissioner's
Recommendation No. S.T. 49/89 concerning compensation.
BACKGROUND:
2. This claim concerns 5 members of the academic staff who were
employed at Lyons Estate Newcastle, County Dublin which is owned
by the College and is operated in connection with the activities
of the faculties of agriculture and veterinary medicine. As part
of a rationalisation plan the College transferred various staff
members (including the workers concerned) from Lyons to Belfield
in October, 1988. The workers submitted a disturbance claim
because of the increased travel costs, the disruption of family
arrangements and considerable inconvenience caused by the move.
The College rejected the claim stating that a Government directive
precluded compensation payments. Local discussions failed to
resolve the issue and the dispute was referred to a Rights
Commissioner for investigation and recommendation on the 13th
April, 1989. On the 20th April, 1989 the Rights Commissioner
issued his recommendation as follows:-
"The Government directive has been breached by the College
several times for good and valid reasons in 1984 and 1987.
In this case there is considerable justification for
compensation. This includes very considerable ongoing costs
to some of the claimants, and continuing and substantial
savings for the College. In the circumstances, I recommend
that the College donates #5,000 to the Department of
Agriculture Faculties Travel and Conference Fund to be used
strictly in accordance with its rules. This payment to be
made and accepted without precedent, and is in full and final
settlement of all claims made in connection with the move to
Belfield."
The College rejected the Rights Commissioner's recommendation and
on the 7th 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.
UNION'S ARGUMENTS:
3. 1. The workers concerned were only advised of a definite move
regarding October, 1988 in June of that year. They had
expected to remain at Lyons for some time because the faculty
was being developed until two years ago. Therefore various
personal decisions with long term effects concerning
residence, schools for children, spouses employment etc, were
taken on that basis.
2. The move to Lyons has meant for some of the workers
concerned an increase in travelling distance from home to work
of 19 miles, and in some cases will disrupt existing
arrangements for use of the family car. This relates to
getting children to and from school and situations where a
spouse is working. Additional travelling means added stress
and should be taken into account as well. In fact, the nature
of the change means that a car pool arrangement which
previously operated is no longer possible.
3. There are several precedents regarding the College and
disturbance and inconvenience payments to take into account.
In the past few years, a number of cases have come forward
about other persons moving between Lyons and Belfield which
resulted in payments.
4. The Union has agreed to put any disturbance and
inconvenience monies received into a travel fund. This would
then be free of tax and used only to finance staff members for
attendance at conferences in connection with their work and in
order to enhance their skills and knowledge.
COLLEGE'S ARGUMENTS:
4. 1. The cost of implementation of the Rights Commissioner's
recommendation would be #5,000. However as this is but one of
a number of claims the College asks the Court to bear in mind
the potential cost of all claims when it considers this case.
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 it could. As a
result considerable reductions in staff numbers and in certain
services have been made so that the College may be able to
exist within its income.
3. In view of its financial difficulties the College cannot
entertain claims from staff members for disturbance claims.
The Higher Education Authority (H.E.A.) issued a reminder in
1987 advising that disturbance payments should not be made and
that funds would not be provided to meet them.
5. The College is obliged to follow the policy laid down by
Government and the H.E.A. and accordingly 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 Commissoner'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.