FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BUS EIREANN - AND - A WORKER (REPRESENTED BY NATIONAL BUS AND RAIL UNION) DIVISION : Chairman: Employer Member: Worker Member: |
1. Hearing arising from Labour Court Recommendation No. 14385.
BACKGROUND:
2. The subject of LCR14385 was "claim for loss of earnings due to the elimination of seven day continuous working". The Court heard the case on 23rd February, 1994.
Following instructions from the Department of Tourism, Transport and Communications, seven day continuous working was ended nationally from 13th April, 1992, as it was in breach of EU Regulations. The claim of the worker concerned is that he worked a 14-day fortnight, including every second Sunday (his rest day) as compulsory rostered overtime. All other drivers worked a 13-day fortnight. From 13th April, 1992, the worker's rest day was changed to every Saturday. (The full background to the dispute is contained in LCR14385).
Despite numerous correspondence between the parties, the issue was not resolved and the Union referred it to the Labour Court on 2nd April, 1996 in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 1st August, 1996.
UNION'S ARGUMENTS:
3. 1. The case of the worker was unique in that he worked his rest day (every second Sunday) as compulsory overtime. He lost 2.5 days pay per fortnight when his rest day was changed to every Saturday.
2. No progress has been made since LCR14385 was issued on 12th April, 1994. No meetings have been held to implement full EU Regulations. A joint management/Union forum to agree parameters in relation to driving hour regulations broke down without attaining a final resolution.
COMPANY'S ARGUMENTS:
4. 1. The Union has resisted the Company's attempts to progress the issue of country-wide adherence to the driving hours regulations. The claim of the worker concerned is directly linked to the overall issue and should not be treated in isolation. A number of meetings were held at local level in Ballina but no progress was made.
2. Any loss that the worker sustained was due to the Company's implementation of the instruction given by the Department of Tourism, Transport and Communication. The worker's earnings have increased from £16,114 in 1992/93 to £17,457 in 1995/96.
RECOMMENDATION:
The Court, in Recommendation No. LCR14285, sought to find a mechanism to deal with this issue given that the changes in contract were effected as a result of the impact of EU Regulations.
In the interests of speedily resolving this case, the Court took the view that the issue could best be dealt with through the medium of the national negotiations.
This approach has not proved to be successful, and an inordinate period of time has passed without the matter being progressed to a resolution.
Given all the circumstances of this case, and having heard the views of the parties as expressed in their oral and written submissions, and taking account of the specific nature of the claimant's contract and work schedule, the Court takes the view that the matter should be resolved by the payment of compensation to the claimant in the amount of one times the annual loss in full and final settlement of the issue.
The Court so recommends.
Signed on behalf of the Labour Court
Tom McGrath
4th October, 1996______________________
C.O'N./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.