Labour Court Database __________________________________________________________________________________ File Number: CD93257 Case Number: LCR14110 Section / Act: S20(1) Parties: IARNROD EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for the granting of local travel passes to the "common-law wife" of a worker.
Recommendation:
5. Having considered the submissions of the parties and the
verbal arguments made at the hearing, the Court is of the view
that in the particular circumstances of this case, there is no
compelling reason for the Company to withhold from the claimant a
local travel pass for his common-law wife. Accordingly the Court
recommends that the Company and the Union enter discussions
without delay to set the rules which will govern concession of the
pass.
Division: Mr Heffernan Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD93257 RECOMMENDATION NO. LCR14110
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: IARNROD EIREANN
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for the granting of local travel passes to
the "common-law wife" of a worker.
BACKGROUND:
2. The Company grants certain travel facilities to workers on a
concessionary basis. These facilities cover the employee, spouse
and dependant children. The Union's claim which was originally
submitted in 1987 was rejected by the Company at that time. In
February, 1993 the Union referred the issue to a Rights
Commissioner for investigation. The Company objected to such an
investigation. On the 14th April, 1993 the Union referred the
dispute to the Labour Court under Section 20(1) of the Industrial
Relations Act, 1969 and agreed to be bound by the Court's
recommendation. A Court hearing was held on the 2nd June, 1993.
UNION'S ARGUMENTS:
3. 1. The worker concerned has lived with his present partner
for over twelve years. If he were married he would receive
passes and privileges for his wife. Staff employed by
Northern Ireland Railways, who reside with a common-law spouse
for longer than five years are entitled to passes for local
travel. Management's reference to the International Travel
Organisation is not relevant as the Union's claim is for local
travel passes.
2. There is no cost involved to the Company in conceding the
Union's claim. The Company has been totally unreasonable in
its attitude to the worker concerned. The Union asks the
Court to recommend in favour of its claim.
COMPANY'S ARGUMENTS:
4. 1. Irish law does not recognise the position of common-law
spouse. Accordingly the Company cannot make any concession as
it cannot be expected to give recognition to a situation which
would be effectively outside the State's laws.
2. Free and reduced rate travel facilities are granted to
members of staff and their spouses in line with the rules of
the International Travel Organisation which is the regulatory
body for the 35 member companies in Europe. These rules allow
for concessionary travel on rail/shipping lines of member
companies. They do not recognise common-law spouses because,
as in Irish law, this category does not have a clear legal
standing in many member countries.
RECOMMENDATION:
5. Having considered the submissions of the parties and the
verbal arguments made at the hearing, the Court is of the view
that in the particular circumstances of this case, there is no
compelling reason for the Company to withhold from the claimant a
local travel pass for his common-law wife. Accordingly the Court
recommends that the Company and the Union enter discussions
without delay to set the rules which will govern concession of the
pass.
~
Signed on behalf of the Labour Court
Kevin Heffernan
______________________
16th June, 1993. Chairman.
T.O'D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.