Labour Court Database __________________________________________________________________________________ File Number: CD91147 Case Number: LCR13295 Section / Act: S67 Parties: TEAGASC - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union on behalf of one worker for compensation for loss of overtime earnings.
Recommendation:
5. The Court has fully considered the views of the parties oral
and written and finds there are no grounds given the circumstances
of the case for concession of the Union's claim.
Division: MrMcGrath Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD91147 RECOMMENDATION NO. LCR13295
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT, 1946
PARTIES: TEAGASC
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of one worker for compensation
for loss of overtime earnings.
BACKGROUND:
2. The worker concerned is employed as a maintenance craftsman
and was originally based in Creagh Research Centre, Co. Mayo. He
was transferred to Belclare Research Centre, Co. Galway in 1976.
In 1983 he transferred back to Creagh. In addition to his normal
duties he was given the responsibility of locking up the farm at
Creagh. This required one hour per day overtime. The worker was
also given the duty of reading the weather station at week-ends.
In 1988 Teagasc was established and subsequently introduced
rationalisation proposals including the closure of the Creagh
Research Centre. When Creagh closed the worker was transferred to
Belclare where the requirement for overtime ceased. The Union
claims that the worker should be compensated for his loss of
overtime earnings at the rate of 2.5 times the annual loss
(average overtime earnings were #75 per week). The Company
rejects the claim. No agreement could be reached at local level
discussions and the matter was referred on 29th September, 1990 to
the Conciliation Service of the Labour Court. A conciliation
conference was held on 31st October, 1990 at which no agreement
was reached. The dispute was referred on 26th February, 1991 to
the Labour Court for investigation and recommendation. The Labour
Court investigated the dispute in Galway on 24th April, 1991.
UNION'S ARGUMENTS:
3. 1. It was part and parcel of the worker's conditions of
employment to lock up the farm at Creagh and read the weather
station. This necessitated overtime which the worker expected
to continue on an on-going basis.
2. The worker's overtime would have continued had the Company
not decided to close the station at Creagh. As a result of
this change in policy by the Company the worker has suffered a
huge loss in overtime earnings, amounting to #75 per week. He
should be compensated at the rate of 2.5 times the annual
loss.
COMPANY'S ARGUMENTS:
4. 1. Following the establishment of Teagasc in 1988 it was
decided as part of a rationalisation programme to close Creagh
Research Centre and relocate staff to Athenry, Co. Galway.
The worker was scheduled to transfer to Athenry but, following
representations received on his behalf, he was transferred to
Belclare even though he is surplus to requirements there. The
concession made by the Company demonstrates its willingness to
treat staff fairly.
2. The Company does not accept that valid grounds exist for
the payment of compensation for loss of overtime earnings to
the worker concerned. He was not given a commitment of
guaranteed overtime earnings at Creagh and there are no
grounds on which the worker could have expected to work
overtime on an on-going basis.
3. The Company is in a critical financial position which
requires the implementation of stringent cost cutting
measures. The concession of this claim and the likely
repercussive effects would add further to the severity of
cutbacks in operating costs. The Company cannot afford cost
increasing claims of this nature which could set a precedent
for other claims.
RECOMMENDATION:
5. The Court has fully considered the views of the parties oral
and written and finds there are no grounds given the circumstances
of the case for concession of the Union's claim.
~
Signed on behalf of the Labour Court
Tom McGrath
_________________________
29th May, 1991 Deputy Chairman.
A.S./J.C.