Labour Court Database __________________________________________________________________________________ File Number: CD952 Case Number: AD9549 Section / Act: S13(9) Parties: KILKENNY CORPORATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Corporation against Rights Commissioner's recommendation No. BC287/94 concerning a claim for call-out allowance.
Recommendation:
The Court was not satisfied by the evidence given at the hearing
that a liability to be available at short notice extended to the
general operative named as the claimant in this case.
However, it is satisfied that the claim is best dealt with by
having negotiations between the parties as recommended by the
Rights Commissioner and, therefore, the Court rejects the appeal
of the Corporation.
The Court so decides.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD952 APPEAL DECISION NO. AD4995
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
KILKENNY CORPORATION
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Corporation against Rights Commissioner's
recommendation No. BC287/94 concerning a claim for call-out
allowance.
BACKGROUND:
2. The two workers concerned are employed as caretaker and
general operative by the Corporation at St. Kieran's Cemetery
in Kilkenny. They operate a five day working week, Monday to
Friday and are responsible for the maintenance of the
graveyard.
In July, 1994, the Union submitted a claim on behalf of the
workers for a call-out allowance. The Union claims that
there is a requirement on both workers to be available at
short notice to prepare graves for funerals on Saturdays and
Sundays. The Corporation rejected the claim.
The matter was referred to a Rights Commissioner for
investigation and recommendation. On 5th December, 1994, the
Rights Commissioner recommended as follows:-
"In the light of the above I believe that the Trade
Union has established a prima facie case which should be
responded to by the Corporation".
The Corporation appealed the Rights Commissioner's
recommendation to the Labour Court on 4th January, 1995 under
Section 13(9) of the Industrial Relations Act, 1969. A
Labour Court hearing took place in Kilkenny on 9th May, 1995.
UNION'S ARGUMENTS:
3. 1. There is a requirement on both workers to respond
positively to any request from the Corporation to attend
for work at short notice on Saturdays and Sundays. To
meet this requirement the workers are unable to make any
arrangements which might impact on this commitment.
2. Kilkenny Corporation and local authorities generally pay
a call-out allowance to general operatives on the basis
that they are available for weekend working.
3. The Rights Commissioner has recognised that there is
merit in the Union's claim. In the circumstances the
Corporation should enter into negotiations with the
Union regarding an appropriate call-out allowance in
respect of the workers concerned.
CORPORATION'S ARGUMENTS:
4. 1. Weekend allowances were introduced in local authorities
some years ago for water and sewerage caretakers.
Subsequently these allowances were extended to toilet
caretakers who worked a seven day week. The Union is
attempting to extend the allowance further to include
the two workers, who occasionally are required to work
at weekends.
2. Sewerage and toilet caretakers work a normal week spread
over 7 days. They receive the allowance because they
work every weekend. Other staff (including the
cemetery staff) work a normal week spread over five
days.
3. Concession of this claim would lead to further claims by
workers in similar employment in other local authority
areas.
4. The payment of a call-out allowance in this case cannot
be justified. The workers concerned work approximately
one weekend in three and are paid the appropriate rate
of overtime for all attendances outside of normal
working.
RECOMMENDATION:
The Court was not satisfied by the evidence given at the hearing
that a liability to be available at short notice extended to the
general operative named as the claimant in this case.
However, it is satisfied that the claim is best dealt with by
having negotiations between the parties as recommended by the
Rights Commissioner and, therefore, the Court rejects the appeal
of the Corporation.
The Court so decides.
~
Signed on behalf of the Labour Court
30th May, 1995 Evelyn Owens
F.B./D.T. ____________
Chairman