Labour Court Database __________________________________________________________________________________ File Number: CD93246 Case Number: AD9347 Section / Act: S13(9) Parties: COILLTE TEORANTA - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal against Rights Commissioner's Recommendation No. C.W. 30/93 concerning a worker's loss of earnings.
Recommendation:
5. Having considered the submissions made by the parties the
Court is of the opinion that in the circumstances of this case the
Rights Commissioner's Recommendation is fair and should stand.
The Court so decides.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD93246 DECISION NO. AD4793
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 against Rights Commissioner's Recommendation No. C.W.
30/93 concerning a worker's loss of earnings.
BACKGROUND:
2. 1. Coillte Teoranta was established to run state forestry on
a commercial basis and commenced operations on the 1st
January, 1989. The Company undertakes the full range of
forestry activities - land acquisition, planting, forest
maintenance, harvesting and timber sales. It operates its own
civil and mechanical engineering fleet, has its own nurseries
and research facilities, and runs two sawmills.
2. The worker commenced employment with the Department of
Forestry in 1968 as a driver and over the years has driven a
varied range of machines. A rationalisation programme in the
Company meant that a number of machine drivers would have to
revert to manual duties in their respective 'home' forest
centres. In November, 1991, the worker was transferred to
Roundwood Forest where he allegedly suffered a loss in
earnings. Agreement could not be reached at local level and
the matter was referred to the Labour Relations Commission. A
conciliation conference was held on the 23rd October, 1992 at
which a proposal was put forward:
"that the Company pay a sum equivalent to 18 months of
lost earnings calculated on the basis previously agreed
to any individual in relation to whom it is agreed
compensation should be paid arising from this claim".
3. This proposal was rejected by all the workers and a
further conciliation conference, held on the 11th January,
1993, failed to resolve the matter. The Union referred the
worker's case to a Rights Commissioner and a hearing took
place on the 18th March, 1993. The Rights Commissioner in his
recommendation (No. C.W. 30/93) issued on the 24th March, 1993
recommended:
"that the Company offers and the worker accepts the sum
of #7,000 in settlement of this dispute".
(The worker's name was mentioned in the recommendation).
The Union appealed this recommendation to the Labour Court on
the 15th April, 1993 and the Court heard the appeal on the 1st
June, 1993.
UNION'S ARGUMENTS:
3. 1. The Rights Commissioner was incorrect in assessing the
loss in earnings at #70 per week.
2. The worker should be allowed to maintain his basic rate of
pay given the circumstances of his transfer to forest duties
and his remaining service with Coillte.
3. Compensation should be based on the figure of #79.45 per
week multiplied by in excess of 154 weeks.
COMPANY'S ARGUMENTS:
4. 1. The offer of 18 months loss of earnings is adequate
compensation.
2. The worker was trained, at a cost to the Company, and
subsequently refused to operate a harvester unit which would
have significantly offset his losses.
DECISION:
5. Having considered the submissions made by the parties the
Court is of the opinion that in the circumstances of this case the
Rights Commissioner's Recommendation is fair and should stand.
The Court so decides.
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Signed on behalf of the Labour Court
John O'Connell
---------------
17th June, 1993. Deputy Chairman.
P.O'C./J.C.