Labour Court Database __________________________________________________________________________________ File Number: CD89494 Case Number: AD8972 Section / Act: S13(9) Parties: UNIVERSITY COLLEGE DUBLIN - and - A WORKER |
Appeal by the College against Rights Commissioner's recommendation No. ST489/88 concerning a disturbance/compensation payment.
Recommendation:
5. Having heard the submissions of the parties, the Court
considers that the Rights Commissioner's recommendation is
reasonable and should be accepted by both sides.
The Court so decides.
Division: CHAIRMAN Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD89494 APPEAL DECISION NO. AD7289
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. ST489/88 concerning a disturbance/compensation
payment.
BACKGROUND:
2. The worker concerned with the Rights Commissioner's
Recommendation is a member of the academic staff of U.C.D. He had
been based at the College's Lyons Estate, near Newcastle, Co
Dublin. In August, 1988, the worker was advised that his official
headquarters was being changed to U.C.D., Belfield with effect
from October, 1988. This was a decision of the Governing Body of
the College as the future of the Lyons Estate is under review.
The worker lodged a claim for a disturbance payment to compensate
for the extra cost and inconvenience resulting from his change of
headquarters. The claim was the subject of a Rights
Commissioner's investigation on 22nd November, 1988. He
recommended as follows:-
"The claimant has established that he will suffer
considerable ongoing costs connected with the move to
Belfield. However his claim for #48,000 is totally
unrealistic. It may represent the actual projected
additional costs over 17 years, but that is not the way
such matters are settled.
In the circumstances of this case I recommend that he
receives #2,112 (which I equate to be his additional
travel costs for one year) in full and final settlement
of all his claims."
The College appealed the recommendation on 7th July, 1989. The
Court heard the appeal on 12th October, 1989.
WORKER'S ARGUMENTS:
3. 1. Staff were not consulted or informed of the decision of
the Governing Body. The President of the College failed to
meet staff to discus the implications of the move, despite a
number of requests. The worker received less than six weeks
notice of the change in his headquarters.
2. The change in headquarters has major social and
financial implications for the worker. He must purchase a
second car. Each trip to Belfield will cost an approximate
ten pound extra in travel. This is not recoupable under the
new arrangement. The expenses incurred will be enormous when
calculated on the basis of an approximate one hundred and ten
trips to Belfield annually over a period of seventeen years.
COLLEGE'S ARGUMENTS:
4. 1. The claim is one of approximately ten submitted by
various unions and individuals, for payments for transfer to
Belfield from Merrion Street or Lyons Estate. Some of the
claims have been the subject of Rights Commissioners'
recommendations. These have been appealed by the College.
Others have yet to be considered. The cost of implementation
of Rights Commissioner's recommendation S.T. 489/88 would be
#2,112. 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.
2. In the past two years the College has suffered severe
financial cutbacks as a result of reductions in grant income.
It has been obliged to seek economies wherever 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. In view of its financial
difficulties, the College cannot entertain claims from staff
members for disturbance payments because of their transfer
from Lyons Estate to Belfield.
3. In 1983 the Minister for the Public Service issued a
statement which declared 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 considered
justified. Accordingly, the Government has decided that no
payments will be made in respect of moves which take place on
or after 1st January, 1984. The Government intend that other
public sector employers should act in similar fashion. They
also urge that private sector employers should consider
adopting a similar attitude."
In 1987 the Higher Education Authority (HEA) issued a letter
reiterating 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 Higher Education Authority (HEA). Accordingly it has
resisted all claims for the payment of disturbance money.
DECISION:
5. Having heard the submissions of the parties, the Court
considers that the Rights Commissioner's recommendation is
reasonable and should be accepted by both sides.
The Court so decides.
~
Signed on behalf of the Labour Court
Kevin Heffernan
23rd October, 1989 ----------------
A.McG/U.S. Chairman