Labour Court Database __________________________________________________________________________________ File Number: CD95291 Case Number: LCR14814 Section / Act: S20(1) Parties: STENA SEALINK LTD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim for loss of earnings.
Recommendation:
5. Having examined the submissions and details of earnings of the
claimant for the period in question the Court is satisfied that
there was no loss of earnings and accordingly the Court finds no
basis for finding in favour of the claimant.
The Court accordingly rejects the claim and recommends acceptance
of the Company's position.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD95291 RECOMMENDATION NO. LCR14814
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: STENA SEALINK LTD
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim for loss of earnings.
BACKGROUND:
2. 1. The Company, which is a subsidiary of the Swedish
Company Stena Line AB, operates passenger ferry
services on the Irish Sea, including the Dun
Laoghaire/Hollyhead route, and from a number of ports
in Britain to the Continent.
2. The dispute before the Court concerns the Union's claim
on behalf of one worker for loss of earnings. The
worker claims that following the 1990 agreement, he
lost his position on the 'RoRo Gate' which resulted in
a loss of earnings of approximately #1,200 per annum.
The Company rejected the claim.
3. In 1990, the Company and the Union reached agreement on
rationalisation proposals in respect of 46 operative
staff employed by the Company at Dun Laoghaire Port.
Included in the agreement was a provision under which
the Union can make claims on behalf of workers in
circumstances where loss of earnings occurred
4. Local level discussions took place and the matter was
the subject of an investigation at the Labour Relations
Commission but no agreement was reached. the Union
referred the dispute to the Labour Court on 4th May,
1995 under Section 20(1) of the Industrial Relations
Act, 1969 and agreed to be bound by the Court's
recommendation. A Labour Court hearing took place on
14th June, 1995.
UNION'S ARGUMENTS:
3. 1. The worker has been treated unfairly by the Company.
Following the 1990, agreement he lost his position on
the RoRo gate which resulted in the loss of
approximately #45 per fortnight. In the circumstances
the claim for two and one-half times the annual loss is
justified.
2. The worker has given over 30 years of exemplary
service. The Company's refusal to process his claim
has caused him considerable stress.
COMPANY'S ARGUMENTS:
4. 1. The worker's unofficial picketing of the Company's
premises in 1993 and 1995 was unacceptable to the
Company. It could have had serious consequences for
the business in Ireland.
2. The insertion of the clause in the 1990 agreement was
designed to deal with actual loss of earnings by
individual staff members, following the implementation
of the agreement. The records show that the worker's
earnings increased considerably in years one and two
(details supplied) following implementation of the
agreement in September, 1990.
3. The Company is satisfied that it has treated the worker
reasonably. In April, 1993 he received a generous
redundancy and pension package. The claim by the Union
cannot be justified.
RECOMMENDATION:
5. Having examined the submissions and details of earnings of the
claimant for the period in question the Court is satisfied that
there was no loss of earnings and accordingly the Court finds no
basis for finding in favour of the claimant.
The Court accordingly rejects the claim and recommends acceptance
of the Company's position.
~
Signed on behalf of the Labour Court
Evelyn Owens
30th June, 1995 ------------
F.B./U.S. Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Fran Brennan, Court Secretary.