Labour Court Database __________________________________________________________________________________ File Number: CD94288 Case Number: LCR14520 Section / Act: S26(1) Parties: UNIVERSITY OF LIMERICK - and - MANUFACTURING SCIENCE FINANCE |
Dispute concerning (1) The loss of overtime for a worker. (2) Restoration of allowance to a worker.
Recommendation:
The Court has considered all of the arguments made by the parties
in their oral and written submissions and makes the following
recommendation.
(1) Loss of Overtime - The claimant should be paid compensation
in the amount of #2,000 in full and final
settlement for his claim.
(2) Loss of Allowance - The Court given the circumstances of this
case considers that the allowance should
be continued to be paid to the worker
concerned on a personal to jobholder
basis (i.e. red circled).
The Court so recommends.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD94288 RECOMMENDATION NO. LCR14520
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
UNIVERSITY OF LIMERICK
AND
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Dispute concerning (1) The loss of overtime for a worker.
(2) Restoration of allowance to a
worker.
BACKGROUND:
2. 1. The two workers concerned in the disputes were employed
by Thomond College of Education which was established as
an Institute of Higher Education by the Thomond College
of Education Act, 1980. On 8th July, 1991, Thomond
College was dissolved and its functions transferred to
the University of Limerick in accordance with the terms
of the University of Limerick (Dissolution of Thomond
College) Act, 1991.
2. Claim for compensation for the loss of overtime
The worker was employed by Thomond College as a grounds
workperson on 9th November, 1981. On 11th March, 1985,
the worker was transferred to the "Field Biology Unit
(Agriculture)" which operated as a working farm. In
June, 1992 the worker was transferred to the Buildings
Department of the University of Limerick and the Field
Biology Unit was closed down and sold. In June, 1993,
the Union presented a claim for compensation for the
loss of structured overtime.
3. Claim for restoration of an allowance to a worker
The worker was employed in a permanent capacity as a
service worker in Thomond College on 27th June, 1983.
In 1988, as part of a cost-cutting drive iniated by the
Higher Education Authority, the worker was given an
allowance equal in value to a shift allowance for
agreement to increased responsibilities (details
supplied). On 7th September, 1993, the University
ceased the payment of the allowance on the basis that
the worker was not on shift. The Union presented a
claim for the restoration of the allowance to the
worker.
4. The University rejected both claims and they were
referred to the Labour Relations Commission. No
progress was made at a conciliation conference on 9th
March, 1994. On 16th May, 1994, the dispute was
referred to the Labour Court under section 26(1) of the
Industrial Relations Act, 1990. A Labour Court
investigation took place on 30th June, 1994 in Limerick.
UNION'S ARGUMENTS:
3. 1. Loss of Overtime
The worker was employed on the College's farm on work
which was structured around the cycle of activity of the
farm. The overtime working was not based on a regular
number of hours per week but on the rhythms of the
farming year (details supplied).
2. The worker's overtime earnings were eliminated while the
University profited from the sale of the farm. The
worker had reason to believe that his overtime working
would continue and on this anticipation, he entered into
certain financial commitments. In line with previous
agreements on overtime compensation, the worker is
seeking one year's loss of overtime earnings.
3. Loss of Allowance
An agreement existed between the Union and Thomond
College of Education that the worker would receive an
allowance equivalent to the shift allowance in return
for extra duties (details supplied). The University
cannot unilaterally change the agreement and it must
enter into negotiations.
4. On the basis of the clear agreement which both sides
entered into freely, the worker entered financial
commitments on the basis of his anticipated income. The
worker has suffered great hardship as a result of the
integration and his duties have increased greatly
(details supplied).
COMPANY'S ARGUMENTS:
4. 1. Loss of Overtime
Overtime on an ongoing and regular basis does not exist
in the University and is not guaranteed to any member of
staff. Whatever overtime was worked by the claimant was
compensated for in the normal manner by payment,
time-off in lieu or a combination of both.
2. The timing of the worker's claim is opportunistic as it
was served in June, 1993, some time after the closure of
the farm. Other workers have been compensated for the
loss of overtime due to a fundamental restructuring of
their work schedule and the introduction of an extended
two cycle shift system. The worker's claim is not
comparable in any way to the other claims (details
supplied).
3. Loss of Allowance
The University can only pay a shift allowance to workers
on a shift system. The claimant has not worked shift
and therefore is not entitled to be paid a shift
allowance. While Thomond College may well have paid
such an allowance, this payment was on the perceived
operational needs of that organisation at the time. The
University's operational needs are considerably
different.
4. The worker was informed in September, 1991 that the
University intended to cease payment of the allowance.
The normal practice in ceasing payment of allowances is
to give a period of twelve months notice of this
intention. The worker was given twenty-six months'
notice. The worker is now being remunerated at the rate
appropriate to the hours of attendance for his grade.
RECOMMENDATION:
The Court has considered all of the arguments made by the parties
in their oral and written submissions and makes the following
recommendation.
(1) Loss of Overtime - The claimant should be paid compensation
in the amount of #2,000 in full and final
settlement for his claim.
(2) Loss of Allowance - The Court given the circumstances of this
case considers that the allowance should
be continued to be paid to the worker
concerned on a personal to jobholder
basis (i.e. red circled).
The Court so recommends.
~
Signed on behalf of the Labour Court
28th July, 1994 Tom McGrath
J.F./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.