FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BUS EIREANN - AND - NATIONAL BUS AND RAIL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Appeal by the Union against Rights Commissioner's recommendation No. 1304/97.
BACKGROUND:
2. The appeal concerns a driver, based in Cork, who commenced employment with the Company in 1991. His wages are paid by means of Electronic Funds Transfer. In 1994 the Union, on behalf of the worker, submitted a claim seeking that the worker should have his wages paid by cash. Management rejected the claim. The dispute was referred to a Rights Commissioner for investigation. On the 19th December, 1997 the Rights Commissioner issued his recommendation as follows:-
"In accordance with the above, I therefore recommend that the worker and the NBRU should accept that Bus Eireann are entitled to insist that he continue to be paid by means of electronic funds transfer".
(The worker was named in the Rights Commissioner's recommendation).
On the 15th January, 1998 the Union appealed the recommendation to the Labour Court. The Court heard the appeal in Cork on the 12th March, 1998.
UNION'S ARGUMENTS:
3. 1. The Union disputes the Company's claim that it is a condition of the worker's employment that he be paid by Electronic Funds Transfer. The worker was not issued with stated particulars of his contract of employment, in contravention of the relevant legislation in that regard.
2. The worker was informed at the commencement of his employment that he would be paid by Electronic Funds Transfer. He was given no choice in this matter. Had he disputed it at the time he would have not been employed.
3. The worker commenced employment before the introduction of the Payment of Wages Act in 1991 which became operative on 1st January, 1992. He was therefore entitled to request a reversion to cash payment of his wages in accordance with the provision of Section 10: 2 of the Act, which provides that every worker has the right to a readily negotiable mode of wage payment. The present system is not a suitable method of payment for the claimant.
4. There is no agreement with the Union in force which provides that all new recruits be paid by cashless method. The Union never accepted such an agreement.
COMPANY'S ARGUMENTS:
4. 1. The worker wrote to the Company in September 1994 stating that the reason for his request to have his wages paid by cash was because of bank charges. The Union subsequently raised the issue on the worker's behalf. Management declined the requests.
2. Part of the conditions attaching to the worker's employment, and which have been applicable to new recruits to all grades since 1989, was that payment of wages would be made by means of Electronic Funds Transfer. The worker was made clearly aware of these conditions of employment at the time of commencement of his service in 1991. The worker's wages were lodged by Electronic Funds Transfer to a bank account number supplied by the worker to the Company. He subsequently switched his account to a different bank and this was facilitated by the Company.
3. The payment of wages by Electronic Funds Transfer to the worker is part of his conditions of employment. Since 1989 this system has been applied to all new recruits to the Company's service. Concession of the Union's claim would have serious consequences not only for Bus Eireann but for its other sister companies who have a similar condition of employment in place for staff.
DECISION:
The Court concurs with the findings and recommendation of the Rights Commissioner. The appeal is, therefore, disallowed and the recommendation of the Rights Commissioner upheld.
The Court so decides.
Signed on behalf of the Labour Court
Kevin Duffy
20th March, 1998______________________
T.O'D./S.G.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.