FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CORK CITY COUNCIL - AND - A WORKER SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Appeal against Rights Commissioners Recommendation IR 6286/01/MR.
BACKGROUND:
2. The worker concerned is employed by Cork City Council as a Painter and Decorator. The dispute before the Court concerns a claim by the Union on behalf of the worker concerned and eighteen other Painters employed by the City Council for payment of travel expenses.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 14th of May, 2002, as follows:-
"I therefore, recommend that the worker should accept that this claim cannot be investigated by a Rights Commissioner".
(The worker was named in the Rights Commissioner's Recommendation).
The Union on behalf of the worker appealed the recommendation to the Labour Court on the 17th of June, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 4th of December, 2002, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. Other workers in similar employment in other Local Authorities receive travel expenses.
2. The worker concerned and his colleagues travel to a different place of work each day in the course of their duties. Therefore, they should receive travel expenses.
COUNCIL'S ARGUMENTS:
4. 1. The issue was the subject of the following Labour Court recommendations in relation to Cork City Council. (a) LCR5028 (b) LCR7511 (c) LCR8305 (d) LCR9983 all of which were rejected by the Court.
2. The Council accepts that the Rights Commissioner was correct in his recommendation.
DECISION:
The Court is fully satisfied that in reality the subject matter of the dispute referred to the Rights Commissioner concerned the pay of a group of workers. Accordingly, the Rights Commissioner was correct in declining to issue a definitive recommendation on the substance of the Union's claim.
In these circumstances the only option open to the Court is to uphold the recommendation of the Rights Commissioner and disallow the appeal.
The Court so decides.
Signed on behalf of the Labour Court
Kevin Duffy
13th December, 2002______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.