FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LEITRIM COUNTY COUNCIL (REPRESENTED BY THE LOCAL GOVERNMENT MANAGEMENT SERVICES' BOARD) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR4099/01/TB.
BACKGROUND:
2. The worker commenced employment with the Council in early 1999 as a retained fire fighter. One of the conditions of his employment was that his residence and normal place of employment was within an acceptable distance from the Fire Station. At the time the worker was employed in Drumshambo. Nationally, all fire services seek to ensure that fire fighters are mobilised within a 5 minute period.
In October, 1999, the worker commenced employment with Masonite Ireland based at Drumsna. A decision was taken by the Chief Fire Officer to suspend the worker's training, pending his relocation to Drumshambo, as his new location was approximately 12 miles away and he no longer met the criteria of working within a reasonable distance from the fire station. By December, 2000, the worker was still employed by Masonite and the Council decided to cease his employment as a retained fire fighter. The Union referred his case to a Rights Commissioner and his recommendation was as follows:-
Both parties have had almost a year to sort out this problem since the adjourned hearing and have failed to do so.
Based on the contract of employment the council are acting within their rights in terminating the claimants employment.
I am not recommending against them doing that. However, I do recommend that in the event of the claimant finding suitable employment within the catchment area of Drumshambo that he be reinstated as a retained fire fighter at the first available opportunity.
The Union appealed the recommendation to the Labour Court on the 21st of June, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 26th of November, 2002, in Sligo.
UNION'S ARGUMENTS:
3. 1. The worker has not been afforded the opportunity to attend the 2 week recruits' course as is the normal practice. As a result, he has not attended fire incidents.
2. Employment opportunities in the area are limited and the worker was obliged to join Masonite Ireland as it offered security and stable work for him.
3. The Union believes that there are a number of retained fire fighters in Leitrim Fire Service in a similar position to the worker concerned.
4. The worker would have been in attendance at 80% of call-outs had he undertaken the recruits' training course.
COUNCIL'S ARGUMENTS:
4. 1. Five minutes is the nationally accepted turn-out time for retained fire fighters. All other local authorities apply conditions of employment similar to Leitrim County Council. The worker is employed approximately 12 miles from the fire station, which is a 20 minute journey.
2. The requirement for attendance within the prescribed time period is essential. The worker was aware of this condition of employment prior to commencing work in 1999.
3. The Council is prepared to re-employ the worker should he obtain employment locally, if a vacancy exists.
DECISION:
The Court, having considered the written and oral submissions made by the parties, upholds the Rights Commissioner's Recommendation and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
12th December, 2002______________________
CON/MB.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.