Labour Court Database __________________________________________________________________________________ File Number: CD90711 Case Number: LCR13268 Section / Act: S67 Parties: CLARE COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the designation of base for a water caretaker.
Recommendation:
7. The Court is satisfied that the Councils offer of
compensation is reasonable in the circumstances and accordingly
recommends that the Union accept it and also agree to the
Council's proposals that the base for calculating mileage be the
Doolough Plant as from 1/1/1987.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD90711 RECOMMENDATION NO. LCR13268
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT 1946
PARTIES: CLARE COUNTY COUNCIL
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the designation of base for a water
caretaker.
BACKGROUND:
2. Historically the worker here concerned had his home
designated as his base for travel purposes. In January, 1987 the
Council determined that the worker's base should be the water
treatment Plant at Old Doolough. This the Council argued was in
line with practice prevailing throughout the Council and elsewhere
and that travelling expenses paid to the worker as a result of his
home being designated as his base was an error.
3. The Union objected to the change. There were a number of
meetings at local level to try and resolve the issue. In
December, 1989 the Council put forward a proposal for paying
compensation. This was rejected by the Union. The matter was
referred to the conciliation service of the Labour Court on 8th
October, 1990. A conciliation conference was held on 22nd
November, 1990. As no agreement was reached the parties consented
to a referral to the Labour Court for investigation and
recommendation. A Court hearing was held in Limerick on 16th
April, 1991.
UNION'S ARGUMENTS:
4. 1. The worker's home has for a long number of years been
his base for travelling purposes and expenses have been paid
to him accordingly. The Council has attempted to
unilaterally alter his base for travelling purposes but has
been unable to furnish a satisfactory reason to support its
decision.
2. The worker has travelled extensively for the Council
over a number of years. The Council has reallocated work in
such a way as to confine this worker's duties to one of the
Plants thereby reducing significantly his mileage allocation.
For the Council to compound this loss by attempting, without
any basis whatsoever, to alter his base for travelling
purposes is unacceptable. In the circumstances the Court is
asked to recommend that the long standing arrangement of
using this worker's home as his base for the calculation of
travelling expenses should continue and that the appropriate
outstanding expenses be paid to him retrospective to 1st
January, 1987.
COUNCIL'S ARGUMENTS:
6. 1. The Council does not accept that there was ever a base
established at the worker's house. The Council does accept,
however, that travelling expenses were paid in error to him
in the past with his home as his base. No employee of the
Council has his home as his base for travelling or
subsistence purposes and no employee gets paid for travelling
to work.
2. The County Manager has the right to determine the
travelling base for each worker and in this worker's case he
determined his base as being Old Doolough. The County
Manager has also the right to determine the mileage limits
for each employee each year and very strict mileage limits
have been imposed on all Council employees since 1984 in
accordance with Ministerial Directive. In this worker's case
his mileage allocation is 5,000 miles.
3. The Council has made numerous efforts to resolve this
issue including a monetary offer to compensate the worker for
the loss of his home as base for travelling purposes.
(Details supplied to the Court). In the circumstances the
Court is asked to recommend that the worker accepts the
Council's offer and also that his base for travelling
purposes is Old Doolough.
RECOMMENDATION:
7. The Court is satisfied that the Councils offer of
compensation is reasonable in the circumstances and accordingly
recommends that the Union accept it and also agree to the
Council's proposals that the base for calculating mileage be the
Doolough Plant as from 1/1/1987.
~
Signed on behalf of the Labour Court
1st May, 1991 Evelyn Owens
M.D. / M.O'C. _______________
Deputy Chairman