FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DEPARTMENT OF DEFENCE - AND - A WORKER (REPRESENTED BY THE AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Appeal against Rights Commissioner's Recommendation CW398/98.
BACKGROUND:
2. The claim relates to the loss of overtime for a worker following the filling of a clerical vacancy in 1996. The worker was in receipt of 6 hours per week overtime and was also in receipt of a further 2.5 hours overtime per week for supervising the "time clock".
The Department offered the worker compensation of 6 months loss of overtime. The Union rejected the offer and referred the dispute to a Rights Commissioner for investigation. A Rights Commissioner's hearing took place on the 15th of July, 1998. The following is the Rights Commissioner's recommendation:-
"I recommend that the Department of Finance and the worker
accepts the sum of £4,000 in settlement of this dispute."
(The worker was named in the Rights Commissioner's Recommendation).
The Union appealed the recommendation to the Labour Court on the 7th of August, 1998, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30th of September, 1998.
UNION'S ARGUMENTS:
3. 1. The overtime in dispute should be restored to the worker. He is still providing cover for a vacancy which has not been filled.
2. Local management claim that the overtime should be reinstated and have advised the Personnel Department accordingly.
3. The Rights Commissioner did not give sufficient weight to the substantive elements of the Union's case.
4. Because of the substantial financial loss to the worker, the Union is seeking compensation of 2.5 times the annual loss.
DEPARTMENT'S ARGUMENTS:
4. 1. Management filled a clerical vacancy which had been vacant for some time. There is no necessity, therefore, for the overtime to continue.
2. The worker was offered compensation for the loss of his overtime but this was rejected.
3. The clerical grades were given a 1% pay increase with effect from 1st April, 1994, under the Programme for Competitiveness and Work (PCW) for flexibility/productivity in the clerical grades.
4. Government policy on pay expenditure in the Public Service continues to place financial restraints on the Department. Expenditure must be kept within budget provisions.
DECISION:
Having carefully considered the submissions of the parties the Court considers that the amount of compensation recommended by the Rights Commissioner should be increased to 1.5 times the claimant's annual loss of earnings.
This decision is based on the particular circumstances of this case. It should not, therefore, be regarded as having any precedent value in respect of any similar type claims in this Department or elsewhere in the state sector.
The recommendation of the Rights Commissioner is amended accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
13th November, 1998______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.