Labour Court Database __________________________________________________________________________________ File Number: CD92627 Case Number: LCR13949 Section / Act: S26(1) Parties: TIPPERARY (N.R.) COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union, on behalf of 5 workers, for compensation for loss of overtime earnings and retention of rates on a personal basis.
Recommendation:
ACTING OVERSEER
5. Having regard to the terms of his appointment, the temporary
nature of the job and the fact that he reverted to his original
position, the Court does not recommend any form of compensation in
relation to the acting overseer.
GENERAL OPERATIVES
Taking into account that their jobs in the quarry no longer exist
and that a genuine redundancy position pertained, the Court does
not recommend red-circling of the general operatives involved.
However, having regard to the overall financial impact on them -
pay-rate and overtime - the Court recommends once-off lump sum
payments as follows:-
General Operative
No. 1 - #1200
No. 2 - # 500
No. 3 - #1200
No. 4 - #1200
The numbering of the General Operatives is as set out on the
second page of the Councils submission.
Division: Mr Heffernan Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD92627 RECOMMENDATION NO. LCR13949
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1990
SECTION 26(1)
PARTIES: TIPPERARY (N.R.) COUNTY COUNCIL
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union, on behalf of 5 workers, for compensation
for loss of overtime earnings and retention of rates on a personal
basis.
BACKGROUND:
2. In November, 1991, the Council closed the Central Quarry,
Nenagh, Co. Tipperary. Five workers, 1 acting overseer and 4
general operators, were re-deployed. They suffered a substantial
loss of earnings as they had worked significant amounts of
overtime at the quarry. The general workers lost differentials
enjoyed on basic pay while working at the quarry. These amounted
to #5 per week. The overseer lost his acting allowance.
Subsequently, the Union submitted a claim for loss of earnings and
sought compensation in the amount of 104 weeks' loss. The Union
also claimed the retention of the rates on a red circling basis of
the workers concerned. Management rejected the claims. The
issues were referred to the Labour Relations Commission on the
25th June, 1992. Conciliation conferences were held on the 3rd
and 9th September, 1992 but no agreement was reached. The dispute
was referred to the Labour Court by the Labour Relations
Commission on the 12th October, 1992. A Court hearing was held in
Kilkenny on the 26th January, 1993.
UNION'S ARGUMENTS:
3. 1. The four general operatives have lost approximately #60
each per week in guaranteed overtime which was enjoyed on a
regular basis and became part of their normal expected
earnings. In addition the worker's have had their basic rates
reduced by #5 per week.
3. 2. The temporary acting overseer operated in this capacity
for three and a half years. His weekly overtime loss amounted
to #124 and loss of basic rate was #6 weekly. He travelled
from his home to the quarry each day but did not receive the
normal travelling allowance of #3.97 per day.
3. There are many precedents for the payment of
compensation for loss of earnings and in 1990 agreement was
reached between Meath County Council and the Union whereby
workers redeployed to other areas received lump sum
compensation and also retained their rates on a personal
basis.
COUNCIL'S ARGUMENTS:
4. 1. The Council must retain the right to redeploy workers in
the event of a particular work location closing down, rather
than implement a statutory redundancy policy. The financial
consequences of redeploying workers, paying them compensation
and allowing them to retain existing rates would have serious
financial consequences for the Council.
2. Similar situations have arisen in the past where
overtime and acting up allowances were paid to complete
certain schemes. However, when these works were completed,
the workers concerned were redeployed without compensation
being paid.
3. The Council has extreme difficulty in maintaining full
employment. The Council accepts that the workers enjoyed
overtime earnings at the Quarry. Prior to its closure a
decision had been taken to discontinue overtime and provide
for servicing to be carried out during normal working hours.
Some of the workers concerned, since redeployment, have
availed of substantial overtime (details supplied to the
Court).
4. The acting overseer applied for that position and
accepted the post on a temporary basis in the full knowledge
that permanency did not arise. When the quarry operation
ceased, he reverted to his former position of fitter. He was
in receipt of an acting allowance and, as applies to all other
grades in the Council, when not undertaking a particular duty,
there is no entitlement to an acting allowance nor to any
subsequent compensation for loss of that allowance.
RECOMMENDATION:
ACTING OVERSEER
5. Having regard to the terms of his appointment, the temporary
nature of the job and the fact that he reverted to his original
position, the Court does not recommend any form of compensation in
relation to the acting overseer.
GENERAL OPERATIVES
Taking into account that their jobs in the quarry no longer exist
and that a genuine redundancy position pertained, the Court does
not recommend red-circling of the general operatives involved.
However, having regard to the overall financial impact on them -
pay-rate and overtime - the Court recommends once-off lump sum
payments as follows:-
General Operative
No. 1 - #1200
No. 2 - # 500
No. 3 - #1200
No. 4 - #1200
The numbering of the General Operatives is as set out on the
second page of the Councils submission.
~
Signed on behalf of the Labour Court
Kevin Heffernan
8th February, 1993 ----------------
T O'D/U.S. Chairman