Labour Court Database __________________________________________________________________________________ File Number: CD94440 Case Number: AD9475 Section / Act: S13(9) Parties: TIPPERARY (NORTH RIDING) COUNTY COUNCIL - and - A WORKER;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal against Rights Commissioner's recommendation no. ST64/94 regarding entitlement to travel allowance.
Recommendation:
Having considered the submissions and the oral evidence given, the
Court is satisfied that the Rights Commissioner's recommendation
was erroneously based and accordingly should not be upheld.
It follows that the appeal made by the Union "that the award was
inadequate" must also fail.
In addition, the Court, in considering the original claim as made
by the Union, cannot find any grounds on which it could base a
finding in favour of the claimant.
The Court so decides.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94440 APPEAL DECISION NO. AD7594
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
TIPPERARY (NORTH RIDING) COUNTY COUNCIL
AND
A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
SUBJECT:
1. Appeal against Rights Commissioner's recommendation no.
ST64/94 regarding entitlement to travel allowance.
BACKGROUND:
2. The dispute concerns a claim by the Union that the worker was
deprived of his entitlement to travel allowance from 1980.
The Union states that the worker was permanently employed in
the Roscrea area and was entitled to an allowance (#1.40 per
day in 1980, #3.97 per day at present). The Council rejects
the claim.
The dispute was referred to the Rights Commissioner and an
investigation took place on 23rd May, 1994. The Rights
Commissioner's recommendation follows:-
"I recommend that the claimant receives travel and
subsistences at the rates then in force for the period in
which he reported to Roscrea Machinery Yard."
The Union appealed the recommendation to the Labour Court on
12th August, 1994. A Labour Court hearing took place on 8th
November, 1994, in Clonmel (the earliest date suitable to the
parties).
UNION'S ARGUMENTS:
3. 1. Drivers who travel more than seven miles from the
designated area base are paid a travel allowance. The
worker concerned was based permanently as a driver in
Roscrea in 1980, a distance of 26 miles from his home.
He received no travel allowance for this time. It was
not until 1993 that he was aware that he was entitled to
the allowance.
2. Some months after moving to Roscrea the worker was
informed that he was to be sent back to Nenagh. He
protested the move as he was in the process of
purchasing a site to build a house in the Roscrea area.
COMPANY'S ARGUMENTS:
4. 1. The worker did not work for more than ten weeks in early
1980 in the Roscrea area. It cannot be established that
he was based permanently for that period. In a letter
to the Union, dated 13th June, 1994, (details supplied
to the Court) he makes reference to being "employed in a
temporary capacity".
2. The worker resided in Nenagh for most of the duration of
the claim. He did not have to travel to Roscrea. There
is no record of any protest from the worker or the Union
regarding his move back to Nenagh.
3. The Union's claim is in breach of an agreement, at
national level, between the Union and the Local
Government Staff Negotiations Board, that all claims
would be dropped for the duration of the Programme for
Competitiveness and Work (P.C.W.).
DECISION:
Having considered the submissions and the oral evidence given, the
Court is satisfied that the Rights Commissioner's recommendation
was erroneously based and accordingly should not be upheld.
It follows that the appeal made by the Union "that the award was
inadequate" must also fail.
In addition, the Court, in considering the original claim as made
by the Union, cannot find any grounds on which it could base a
finding in favour of the claimant.
The Court so decides.
~
Signed on behalf of the Labour Court
22nd November, 1994 Evelyn Owens
C.O'N./D.T. ____________
Chairman