Labour Court Database __________________________________________________________________________________ File Number: CD94635 Case Number: AD9496 Section / Act: S13(9) Parties: IARNROD EIREANN - and - NATIONAL BUS AND RAIL UNION |
Appeal by Company against Rights Commissioner's Recommendation BC236/94.
Recommendation:
5. The Court having considered the appeal before it determines
that the appeal should succeed in so far as the Company should not
be required to make payment without the corollary of working up
the time.
The Court determines that the Company provide one days overtime
equivalent to the claimant in this case.
The Court so decides.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94635 APPEAL DECISION NO. AD9694
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: IARNROD EIREANN
and
NATIONAL BUS AND RAIL UNION
SUBJECT:
1. Appeal by Company against Rights Commissioner's Recommendation
BC236/94.
BACKGROUND:
2. The worker concerned with the dispute is employed by Iarnrod
Eireann as a platelayer and is part of a mobile repair gang at
Connolly Station On the 4th June 1993 an urgent call was received
from the Central Traffic Control Centre stating that a broken rail
had been reported at Glasnevin Junction. Temporary repairs were
carried out to allow trains to pass at reduced speed. On the 5th
June, 1993 work began to replace the broken rail. The Connolly
repair gang were called out to do this repair work, but the worker
concerned was not among those asked to work overtime. The
overtime was allocated to nine workers on seniority availability
basis. The worker referred the matter to a Rights Commissioner.
The Rights Commissioner investigated the dispute on 15th October,
1994 and recommended that:- 'the Company pay the worker a sum
equivalent to what he would have earned on overtime had he been
brought in on Saturday 5th June, 1993'.
The Company appealed the Rights Commissioner's recommendation on
15th November, 1994. The Court heard the appeal on the 9th
December, 1994.
UNION'S ARGUMENTS:
3. 1. The mobile gang at Connolly Station was called out on
the 5th June, 1993 to repair a broken rail track at Glasnevin
Junction. The worker concerned was not one of those asked to
work overtime, although a work gang from Bray was called in to
assist in the repairs.
2. There is an agreed procedure whereby overtime is shared
out on an equitable basis. The worker was available for
overtime that day and should have been included for overtime
along with his other colleagues from Connolly Station. The
worker's poor basic rate of pay is such that he is entitled,
at times, to Family Income Supplement Benefit.
COMPANY'S ARGUMENTS:
4. 1. The worker was not always available for overtime and
indicated in June, 1992 that he was not available for
callouts. Overtime is allotted on a seniority availability
basis. The worker concerned had no automatic right to be
brought out on overtime on that particular day.
2. The worker's claim for payment cannot be sustained. To
do so would require that the inspector call out all the
members of a mobile gang regardless of the number of workers
required in a particular situation. This would be a costly
precedent to implement. The Company's principle is that
payment should only be paid in respect of work performed.
DECISION:
5. The Court having considered the appeal before it determines
that the appeal should succeed in so far as the Company should not
be required to make payment without the corollary of working up
the time.
The Court determines that the Company provide one days overtime
equivalent to the claimant in this case.
The Court so decides.
~
Signed on behalf of the Labour Court
Evelyn Owens
22nd December, 1994 ____________
L.W./U.S. Chairman