Labour Court Database __________________________________________________________________________________ File Number: CD90177 Case Number: LCR12881 Section / Act: S67 Parties: QUINNSWORTH LIMITED - and - IRISH DISTRIBUTIVE & ADMINISTRATIVE TRADE UNION |
Dispute concerning mileage rate for store detectives.
Recommendation:
5. Having considered the submissions from the parties the Court
recommends that the Union accept the Company's offer of an
increase to #7 in the allowance and the Company increase the
travelling time rate from time plus one half to double time.
The Court further recommends that the revised payments be
implemented from 1/3/1990.
Division: Ms Owens Mr Keogh Mr Devine
Text of Document__________________________________________________________________
CD90177 RECOMMENDATION NO. LCR12881
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: QUINNSWORTH LIMITED
and
IRISH DISTRIBUTIVE & ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Dispute concerning mileage rate for store detectives.
BACKGROUND:
2. The Company employs eight store detectives to cover the
southern half of the country. Three are based in Limerick, four
are based in Cork and one is based in Dublin (but operates from
Wexford). They are required to travel from their base to stores
throughout their region. When the store detectives are required
to travel they receive the cost of public transport plus an
allowance of #5. The Company also has a travelling time rate of
time plus one half. The store detective that operates from
Wexford has a separate personal arrangement which does not include
a mileage rate. If store detectives use their private cars they
get the same allowances as if they used public transport. The
Union claim for a mileage allowance originated in 1987 and was
discussed with the Company on numerous occasions. The Company
always rejected the claim and on 4th July, 1989 the matter was
referred to the conciliation service of the Labour Court.
Conciliation conferences were held on 7th February, 1990 and 1st
March, 1990 at which the Company offered to increase the #5
allowance to #7. This offer was rejected by the Union and the
matter was referred on 14th March, 1990 to a full hearing of the
Labour Court which was held in Limerick on 8th May, 1990.
UNION'S ARGUMENTS:
3. 1. The nature of the work of the store detective,
particularly the requirement that they travel to locations
away from base, makes it vitally important from their point of
view and from the Company's perspective that they use their
own transport.
2. It is difficult to travel to some of the Company's outlets
by public transport. The departure, arrival, and return
travel times can also create difficulties. The ability of the
store detectives to do their job can be curtailed by late
arrivals in the store or an early departure to suit the times
of public transport. By using their own transport the store
detective can be in the store much earlier and their finishing
is not dictated by having to catch a train or bus back to
base.
3. When the store detectives were interviewed for the job
they were asked did they own a car and would they be prepared
to use it when travelling for the Company. Ownership of a car
was considered a definite asset when they were recruited.
4. The allowance of #5 does not cover the cost of running a
car. The most efficient and fairest way to cover the cost of
an employee using their own car on business is by way of a
mileage allowance. The Union considers that a mileage rate of
45p per mile is appropriate.
COMPANY'S ARGUMENTS:
4. 1. The rates of pay and conditions for the workers concerned
are considerably in excess of those applying in the security
industry. This puts the Company at a cost disadvantage to its
competitors, many of whom use contract security services
giving them greater flexibility in cost control.
2. The Company policy on travel arrangements for the workers
concerned is clear explained to them when they join the
Company and is accepted by them.
3. The Company, as a gesture of goodwill, offered to increase
the #5 allowance to #7. Concession of the Union claim for a
mileage rate would leave the Company with no alternative but
to review its arrangements for the store detectives.
RECOMMENDATION:
5. Having considered the submissions from the parties the Court
recommends that the Union accept the Company's offer of an
increase to #7 in the allowance and the Company increase the
travelling time rate from time plus one half to double time.
The Court further recommends that the revised payments be
implemented from 1/3/1990.
~
Signed on behalf of the Labour Court
Evelyn Owens
_________________________
30th May, 1990. Deputy Chairman
A.S./J.C.