Labour Court Database __________________________________________________________________________________ File Number: CD916 Case Number: AD9133 Section / Act: S13(9) Parties: COILLTE TEORANTA - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Union against Rights Commissioner's recommendation No. B.C. 77/90 concerning a claim for compensation arising from loss of earnings suffered by a worker.
Recommendation:
5. The Court having considered the submissions of the parties
notes that in the event of a driving position arising that the
worker concerned will be given favourable consideration for the
post.
In all the circumstances the Court takes the view that the
complainant should receive a lump sum of #1700 by way of
compensation for loss of earnings.
The Court so decides.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD916 APPEAL DECISION NO. AD3391
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: COILLTE TEORANTA
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
recommendation No. B.C. 77/90 concerning a claim for compensation
arising from loss of earnings suffered by a worker.
BACKGROUND:
2. The worker concerned commenced employment in 1951 as a forest
worker at Avondale Forest, Co. Wicklow. In 1970, he was assigned
to lorry driving duties. In March, 1976 the worker suffered a
heart attack and was unavailable for work until September, 1976.
On his return to duty he worked as helper/reserve driver and was
paid at the drivers rate. In 1988, Coillte Teoranta was
established as a commercial state Company with the objective of
managing public forestry and related activities on a commercial
basis. The Company took a policy decision to discontinue the use
of full-time helpers on trucks except in exceptional
circumstances. In June, 1989 the worker was assigned to general
manual duties at the general forest worker rate of pay. At
current maximum rates a driver/helper is paid a flat rate of
#178.57 per week and can qualify for paid overtime and
subsistence. A general forest worker is paid a basic rate of
#162.26 plus an average incentive bonus of #38.39 per week. The
Union claims that the worker should have been offered a driver's
position and that he should be compensated for a loss in earnings
due to his re-assignment as a general forest worker. The Company
rejects the claim. The Union referred the dispute to a Rights
Commissioner who investigated it initially on 30th March, 1990
and, following the receipt of additional information, held a
further hearing on 12th August, 1990. The Rights Commissioner
issued the following recommendation on 20th November, 1990:-
"RECOMMENDATION
In the light of the submissions made and my own
investigations and the further additional submissions
presented I find that the worker did indeed suffer a loss of
income due to the transfer to manual activities of those of
helper. I recommend that Coillte Teo pay to the worker the
sum of #1500 and that this be accepted by him in full and
final settlement of all claims in the Company in relation to
the loss of income suffered on account of his transfer to
manual duties."
(The worker was named in the Rights Commissioner's
recommendation).
The Union appealed the recommendation to the Labour Court under
Section 13(9) of the Industrial Relations Act, 1969. The Court
heard the appeal on 4th April, 1991.
UNION'S ARGUMENTS:
3. 1. The worker concerned is the longest-serving driver in the
organisation with 17 years service. He should have been
offered a driving position on seniority alone. When he
complained to local Management he was requested to obtain a
medical certificate to prove his fitness to drive. He
complied with this request but received no satisfaction from
the Company.
2. The worker has suffered a major loss in earnings. While
he was on the driver's rate of pay he had built-in overtime
and qualified for subsistence payments. The Rights
Commissioner's recommendation did not adequately reflect the
loss in earnings from June, 1989 and had no regard to the
claim for a driving position based on seniority. The Union is
claiming a loss of earnings of #5,000 in full and final
settlement.
COMPANY'S ARGUMENTS:
4. 1. The Company took a policy decision to discontinue the use
of full-time helpers on trucks on the grounds that such an
arrangement is both costly and inefficient when compared to
the alternative of contract transport. In accordance with
established practice the worker concerned was re-assigned from
driver/helper duties to general manual duties and therefore
reverted to the forest worker rate of pay.
2. On a normal 40-hour week the worker is some #22 better off
as a general forest worker. The helper/driver rate, while
higher, does not attract an incentive bonus and overtime is
not guaranteed. The payment of subsistence to helpers/drivers
is in respect of expenses and should not be regarded as
earnings.
3. The Company is trying to operate its business on a
commercial basis and cannot afford large compensation
payments. The rationalisation in this case did not result
directly in any job losses. The worker has been assured that
he will be given first option on any relief driving or helper
duties arising in the future. He will also be favourably
considered if a full-time driving position becomes available.
DECISION:
5. The Court having considered the submissions of the parties
notes that in the event of a driving position arising that the
worker concerned will be given favourable consideration for the
post.
In all the circumstances the Court takes the view that the
complainant should receive a lump sum of #1700 by way of
compensation for loss of earnings.
The Court so decides.
~
Signed on behalf of the Labour Court
Tom McGrath
_________________________
23rd April, 1991 Deputy Chairman.
A.S./J.C.