FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BLAIR BUILDERS LIMITED T/A BROWNE CONSTRUCTION COMPANY (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Appeal by the Union against Rights Commissioner's Recommendation No. CW 387/94.
BACKGROUND:
2. The appeal concerns a worker's claim for compensation relating to a flexibility agreement concluded in 1989 between the workers in Browne Construction and Shannon Development. The Company has a building contract with Shannon Development and employs 12 workers. On taking over the contract in 1988, Browne Construction took over the employment of the workers of the previous company (including the worker concerned who commenced employment in 1974). The worker retired in December, 1994. The flexibility agreement provided for job reductions, increased flexibility and productivity for which an allowance of £17 per week was paid. The worker concerned claimed that he was entitled to the allowance under the agreement but did not receive it. The Union submitted a claim for compensation for his loss from 1989 to 1994. Management rejected the claim. The dispute was referred to a Rights Commissioner for investigation. On the 31st October, 1995 the Rights Commissioner issued his recommendation as follows:
"I recommend that the worker and the Union accept that he has no entitlement to the allowance"
(The worker was named in the Rights Commissioner's recommendation).
On the 13th October, 1995 the Union appealed the Rights Commissioner's recommendation to the Labour Court. The Court heard the appeal in Limerick on the 8th October, 1996.
UNION'S ARGUMENTS:
3. 1. The Union was not a party to the discussions or the final productivity agreement and would question whether it was appropriate for Shannon Development to engage employees of Browne Construction in direct productivity negotiations without Union involvement. Since 1989 the worker concerned has given increased productivity and flexibility to the Company. His personal circumstances prohibited him from availing of the £17 per week (details to the Court). However, he did not reject participation in the agreement.
2. The worker has given long and efficient service in the employment and always carried out his duties in an effective and conscientious manner. He has been treated in an unfair and unjust manner. The Union claims an amount of £5,000 compensation for the worker's loss over the years.
COMPANY'S ARGUMENTS:
4. 1. The Union submitted this claim immediately prior to the worker's retirement in 1994. The claim was not raised in the intervening years.
2. The worker concerned did not agree to participate in the flexibility agreement. His duties did not change after the 1989 agreement was concluded.
3. The allowance was, and is, paid to staff who adhered to specific flexibility measures in their work. The employee concerned refused to do additional duties when requested.
4. His rejection of participation is reinforced by the fact that when the Company mistakenly included the allowance in his wages for two weeks in June, 1989 he returned the amounts to the Company.
5. There are 7 workers in the employment who are not in receipt of the allowance because they do not participate in the agreement.
6. Concession of the claim could lead to knock on claims from workers not in receipt of the allowance and consequential claims from workers who, due to their flexibility/productivity, wish to maintain their established differential.
DECISION:
The Court does not find grounds have been put forward to warrant concession of the claim.
Accordingly the Court upholds the Rights Commissioner's Recommendation and rejects the appeal of the claimant.
The Court so decides.
Signed on behalf of the Labour Court
Tom McGrath
1st November, 1996______________________
T.O'D./S.G.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.