Labour Court Database __________________________________________________________________________________ File Number: CD947 Case Number: LCR14636 Section / Act: S20(1) Parties: AN POST - and - A WORKER |
Dispute concerning a worker's prospective transfer to Mohill Post Office.
Recommendation:
The Court notes the claimant is top of the list for transfer to
his preferred location and that he will be transferred to any
suitable vacancy which may arise at the location.
The above being subject to displaced staff not requiring to be
placed.
In the interim the Court notes the Company are assisting the
claimant to overcome the difficulties he was experiencing.
The Court given the above recommends the claimant await
developments.
Division: Mr McGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD947 RECOMMENDATION NO. LCR14636
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
AN POST
AND
A WORKER
SUBJECT:
1. Dispute concerning a worker's prospective transfer to Mohill
Post Office.
BACKGROUND:
2. The worker concerned commenced employment with the Company as
a relief postman at Mohill, Co. Leitrim in 1978 and worked as
required until 1983 when he was appointed to a permanent post
at Arva, Co. Cavan. He was subsequently appointed to a
permanent post at Carrigallen Post Office in 1988. He
presently works at Carrigallen and resides in Mohill (12
miles from Carrigallen). In 1983 the worker applied for the
first permanent vacancy which would arise at Mohill and is
now number one on the seniority list for transfer to Mohill.
The worker claims that since early 1993 a permanent vacancy
exists at Mohill and is being filled on a temporary basis by
a relief postman. The worker claims that he is being
unfairly treated in not being appointed permanently to the
post. Management rejects the claim. The worker sought to
refer the dispute to a Rights Commissioner for investigation
but the Company objected to such an investigation. The
worker subsequently 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. The Court
investigated the dispute in Cavan on the 16th November, 1994
(the earliest date suitable to the parties).
WORKER'S ARGUMENTS:
3. 1. Since January 1993 a vacancy at Mohill is being filled
by a relief postman. The Company is quite happy to
continue this arrangement and there is a likelihood
that, following a satisfactory performance of his duty
over a two year period, the worker will be appointed to
the post. This is most unfair for the worker concerned.
He left Mohill post office eleven years earlier when
informed that a permanent appointment from relief
postman work was impossible.
2. Since early 1994 the worker (following representations
from his Union to the Company) has the use of Company
transport between Carrigallen and Mohill. This has
greatly eased his difficulties in relation to transport.
It is a satisfactory arrangement but the worker does not
know how long it will last. He works extra hours, has
difficulty organising days off and has the added
responsibility of keeping the Company van at his home
overnight. He still seeks the transfer to Mohill and
feels that the Company could facilitate him by
appointing him to the present vacancy at Mohill.
COMPANY'S ARGUMENTS:
4. 1. The Company accepts that the worker is first on the
transfer list to Mohill post office, (since 1987).
There are five posts at Mohill. In 1993 one postman
retired on age grounds and was replaced on a temporary
basis by a local casual postman. This is the only
vacancy at Mohill.
2. Under the Company's re-organisation plan, agreed with
the Unions, all delivery routes in the country are being
revised. This takes considerable time. A number of
vacancies throughout the country are being covered by
temporary employees pending the outcome of the review.
It is proposed that as a result of revision of posts at
Mohill one in five posts will be suppressed which means
that the temporary postman will have his employment
terminated. In the circumstances there is no fillable
vacancy at Mohill for the worker to transfer to, and he
has been made aware of this situation.
3. The worker states that one of his reasons for seeking a
transfer to Mohill is that his transport difficulties
will be solved. In January, 1994 the Company introduced
an arrangement whereby the worker takes home the Company
van each day. This removes his transport problem. The
Company has tried in a practical way to help the
worker.
RECOMMENDATION:
The Court notes the claimant is top of the list for transfer to
his preferred location and that he will be transferred to any
suitable vacancy which may arise at the location.
The above being subject to displaced staff not requiring to be
placed.
In the interim the Court notes the Company are assisting the
claimant to overcome the difficulties he was experiencing.
The Court given the above recommends the claimant await
developments.
~
Signed on behalf of the Labour Court
19th December, 1994 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.