FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SECURICOR SECURITY SERVICES (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR2624/00/MR.
BACKGROUND:
2. The worker concerned has been employed by the Company as a Static Security Guard since 1985 in the Limerick area. In August, 2000, the worker was transferred to a site in Shannon. The transfer was at the request of the contracting company. The Union objected to the transfer.
The dispute was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 17th of July, 2001, as follows:-
"In the particular circumstances of this case, I recommend that the Union and the worker should accept that the Company was entitled to transfer the worker when it did, and that the Company should offer, and the Union and the worker should accept, a once-off ex gratia payment of £100 as a gesture of goodwill and in full and final 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 23rd of August, 2001, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 20th of March, 2002.
UNION'S ARGUMENTS:
3. 1. The Company breached the Company/Union agreement by refusing to meet on the issue and fully adhere to Clause 4(3) of the agreement by not allowing the status quo to prevail while the issue was in dispute.
2. As a result of the transfer, the worker incurred financial losses as follows:-
(i) a reduction of earning potential of six hours per week
(ii) additional travel costs
(iii) additional unpaid time to travel to the new location.
3. The worker concerned should be adequately remunerated for the losses he incurred.
COMPANY'S ARGUMENTS:
4. 1. The contract of employment states that 'the nature or place of such work may be altered at anytime'. The transfer of the worker was consistent with the contractual provision.
2. The request to transfer the worker was made by the contracting company. The Company had no option but to transfer the worker.
3. Every reasonable effort was made to find an alternative assignment for the worker concerned.
DECISION:
The Court has considered the submissions of both parties. In the exceptional circumstances of this case, and in particular due to the very long and satisfactory service of the appellant, the Court recommends that the Rights Commissioner's recommended ex-gratia payment should be enhanced by a further €150 to be paid to the claimant as a gesture of goodwill.
The Rights Commissioner's recommendation is hereby amended.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th April, 2002______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.