FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DEPARTMENT OF DEFENCE - AND - A WORKER DIVISION : Chairman: Employer Member: Worker Member: |
1. Appeal against Rights Commissioner's recommendation No. CW39/96.
BACKGROUND:
2. The worker was appointed to Custume Barracks, Athlone, in 1979. He was employed as a general operative. In 1986, the dumper-truck driver in the section retired and the worker concerned took over his duties as driver. He also did work loading and unloading trucks, and occasionally driving a forklift truck.
There are 2 issues involved in the dispute. The first involves an incident in late 1991 when the worker allegedly threatened another employee. The second issue concerns the worker being taken off dumper-truck driving duties, resulting in the loss of driving allowance. Prior to 1994, there were 2 dumper-trucks in operation. Both trucks were withdrawn in February, 1994 and later replaced with 1 truck. The worker concerned was chosen as relief driver, with an allowance of £3.77 per week. The main driver receives £11 per week as an allowance.
Considerable correspondence took place between the parties but the issue was not settled. It was referred to a Rights Commissioner and a hearing took place on 28th May, 1996. The following is the Rights Commissioner's recommendation:
"I recommend that the Department offers and the worker accepts the sum of £150 in full and final settlement of this dispute".
The worker appealed the recommendation to the Labour Court on 18th July, 1996, in accordance with Section 13(9), of the Industrial Relations Act, 1969. A Labour Court hearing took place on 12th November, 1996, in Mullingar.
WORKER'S ARGUMENTS:
3. 1. The worker was the dumper-truck driver from 1986 - 1991. He was removed from the command stores area where he worked because of an incident where he allegedly threatened a colleague. The allegation was very upsetting for the worker as he had not made any kind of threat. He was assured that when a new dumper truck was bought in 1994 he would be driving it. However, another driver was given the truck and the worker concerned was made relief driver. He receives £3.77 per week whereas the driver receives £11 per week.
DEPARTMENT'S ARGUMENTS:
4. 1. The worker is employed as a general operative who is paid a light equipment operator allowance, at an hourly rate, dependant on the number of hours he actually works as small-dumper driver. The permanent driver has a consolidated rate of pay as he is a general operative/driver plant operator. His duties include driving a wide range of equipment. The worker concerned has never been employed in the higher grade.
2. At the Rights Commissioner's hearing, representatives from the Department affirmed that no record of bad conduct existed on the worker's record. The worker expressed himself satisfied, and this was formally noted by the Rights Commissioner.
DECISION:
The Court has considered all of the information put forward at the hearing, both oral and written, and has examined the files made available.
In so far as the allegations of an incident are concerned, these were investigated and, it is clear to the Court, were found to be without foundation.
Accordingly, the claimant's record is clear and there is no bad conduct on the record.
With regard to the driving duties, the present situation has arisen as a consequence of the change in the number and type of vehicle now in use, and the need to make the most efficient and cost-effective use of both vehicles and manpower.
In the light of the present circumstances, the Court considers that the Rights Commissioner's recommendation should be accepted.
The Court so decides.
Signed on behalf of the Labour Court
Tom McGrath
6th December, 1996______________________
C.O'N./S.G.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.