Labour Court Database __________________________________________________________________________________ File Number: CD9411 Case Number: LCR14349 Section / Act: S20(1) Parties: BUS EIREANN - and - NATIONAL BUS AND RAIL UNION |
Debarrment of a worker from employment at Broadstone Depot
Recommendation:
The Court is satisfied that the claim made for payment for dates
in which the claimant could have been available for work, but was
not called, must fail. However, the Court also recommends that
the claimant be in future, given equal opportunity with his
colleagues for work which may arise subject to his performing that
work in a satisfactory manner.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9411 RECOMMENDATION NO. LCR14349
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
BUS EIREANN
AND
NATIONAL BUS AND RAIL UNION
SUBJECT:
1. Debarrment of a worker from employment at Broadstone Depot
BACKGROUND:
2. The worker concerned is employed as a driver by Bus Atha
Cliath at its depot in Summerhill. He is part of a panel of
drivers employed by Bus Atha Cliath, from which, Bus Eireann
employ drivers to work overtime/rest-days at its depot in
Broadstone.
In early July, 1993, the worker concerned with the dispute was
charged with misconduct and disciplined for claiming irregular
payments in relation to work performed at Broadstone. He has not
been rostered to work at Broadstone since 2nd July, 1993.
In October, 1993, the Union submitted a claim on behalf of the
worker for loss of overtime in the period 26th September, 1993 to
12th October, 1993. The Company rejected the claim. Management
claims that the worker is no longer suitable to be considered for
overtime working at Broadstone.
The Union referred the dispute to the Labour Court on 4th January,
1994, for investigation under Section 20(1) of the Industrial
Relations Act, 1969 and agreed to be bound by the Court's
recommendation. An invitation to have the dispute investigated by
a Rights Commissioner was declined by the Company. A Labour Court
hearing took place on 10th February, 1994.
UNION'S ARGUMENTS:
3. 1. On 26th September, 1993, Management agreed to reconsider
the worker concerned for overtime working in Broadstone.
2. Subsequently Management reversed its decision and
introduced a second penalty by debarring the worker from
overtime working in Broadstone.
3. The worker has been unfairly treated. He should be
compensated for his loss of overtime and considered for
overtime working in the future at Broadstone.
COMPANY'S ARGUMENTS:
4. 1. The engaging of drivers employed by Bus Atha Cliath at
Broadstone Depot is of a casual nature and at the discretion
of local management.
2. The worker's action in securing duplicate payments from
Bus Atha Cliath and Bus Eireann for days worked at Broadstone
Depot brought into question his suitability for this casual
work.
3. It is unreasonable to hold Bus Eireann responsible for
maintaining earnings of employees of another Company,
particularly as the work concerned is of a fortuitous nature.
RECOMMENDATION:
The Court is satisfied that the claim made for payment for dates
in which the claimant could have been available for work, but was
not called, must fail. However, the Court also recommends that
the claimant be in future, given equal opportunity with his
colleagues for work which may arise subject to his performing that
work in a satisfactory manner.
~
Signed on behalf of the Labour Court
25th February, 1994 Evelyn Owens
F.B./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.