Labour Court Database __________________________________________________________________________________ File Number: CD9015 Case Number: LCR12750 Section / Act: S67 Parties: UNIVERSITY COLLEGE DUBLIN - and - MANUFACTURING SCIENCE FINANCE |
Claim on behalf of three clerical staff for a disturbance/relocation payment.
Recommendation:
5. The Court, having considered the submissions from the
parties, recommends in the circumstances that claimants B & C be
paid a sum of #300 each. The Court does not recommend any payment
to claimant A.
Division: Ms Owens Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD9015 RECOMMENDATION NO. LCR12750
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: UNIVERSITY COLLEGE DUBLIN
AND
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Claim on behalf of three clerical staff for a
disturbance/relocation payment.
BACKGROUND:
2. Worker A lives in Killiney and up to recently worked in
Merrion Street, but is now based in Belfield. Worker B lives in
Manorkilbride in County Wicklow and has transferred from Lyons
Estate to Belfield. Worker C lives in Naas and worked for eleven
years in Lyons Estate. She moved to Earlsfort Terrace and then to
Belfield on a temporary basis. She is now back in Earlsfort
Terrace. The Union on behalf of the workers lodged a claim for a
disturbance/relocation payment, on the basis of payments made to
technical staff under Labour Court Appeal Decisions AD5689 and
AD5789. The College rejected the claim and following the failure
of local discussions the matter was referred to the conciliation
service of the Labour Court on the 15th November, 1989. A
conciliation conference on the 4th December failed to resolve the
dispute and the matter was referred to the Labour Court for
investigation and recommendation. A Court hearing was held on the
24th January, 1990.
UNION'S ARGUMENTS:
3. 1. The three workers, all secretarial, should not be treated
any differently to their technical colleagues or academic
staff who received compensation for moving location.
2. The disturbance experienced by the claimants should not be
calculated any differently. This should be as follows:-
Worker A - Merrion Street to Belfield as per AD5789.
5 to 6 miles = #979.
Worker B - Lyons Estate to Belfield as per AD5689.
+ 40 miles = #2,500.
Worker C - Lyons Estate to Earlsfort Terrace as per AD5689.
+ 40 miles = #2,500.
Earlsfort Terrace to Belfield as per AD5789.
5 to 6 miles = #979.
Total compensation for Worker C = #3,479.
COLLEGE'S ARGUMENTS:
4. 1. Worker A has suffered no disturbance as a result of her
transfer from Merrion Street to Belfield. In fact the
transfer is arguably to her advantage. She now has a shorter
distance to travel to work from her home in Killiney.
2. The College has already had two hearings concerning
disturbance claimed to have resulted from transfers from
Merrion Street to Belfield. The findings of those cases are
set out in AD5789 and LCR12671. In LCR12671 the claims made
were rejected by the Court which referred in its
recommendation to special circumstances in which previous
cases had been the subject of Court decisions. The College
submits that special circumstances do not apply in this case.
3. The second and third claimants live in Manorkilbride and
Naas, respectively. They now have to travel further to work
than previously, but the College considers that the
disturbance suffered by them is not great.
4. All three claimants received initial letters of
appointment to posts on the staff of the College. They were
then assigned to particular departments. The College
considers that it may ask them to move with their departments
without incurring a liability to pay them compensation for
disturbance.
5. This claim is one of approximately ten, submitted by
various unions and individuals, for payments for transfer to
Belfield from Merrion Street, Earlsfort Terrace and Lyons
Estate. Some of the claims have been the subject of Rights
Commissioners' recommendations and Labour Court appeal
hearings, while some others have yet to be considered. The
College therefore asks the Court to bear in mind the potential
cost of all claims when it considers this case. The cost of
awards to date is approximately #35,000 and it is clear that,
whatever figures finally emerge, the cost of implementation of
all awards will be substantial and will be a considerable
burden on the College's finances.
4. 6. 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 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 on account of their transfer
from Merrion Street or Lyons Estate to Belfield or Earlsfort
Terrace.
7. The College is obliged to follow the policy laid down by
the Government and the Higher Education Authority and
accordingly it has resisted all claims for the payment of
disturbance money.
RECOMMENDATION:
5. The Court, having considered the submissions from the
parties, recommends in the circumstances that claimants B & C be
paid a sum of #300 each. The Court does not recommend any payment
to claimant A.
~
Signed on behalf of the Labour Court,
Evelyn Owens
__12th__February,__1990. ___________________
D. H. / M. F. Deputy Chairman