FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SECURICOR OMEGA EXPRESS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - 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 IR 3125/00/MR
BACKGROUND:
2. The worker has been employed by the Company as a van courier for 8 years. He works a designated "run", 40 hours per week on a 4 over 5 day week, and he also works overtime on his rostered day off if required. He receives premium payment for this overtime. Workers are notified of their week's roster on the Thursday of the previous week.
The Union's case is that on the 4th of September, 2001, the worker's rostered day off, the Company used a relief driver on the run , thus depriving the worker of 10 hours work at time plus a half. The worker had been rostered to work from 2.00 p.m. to 7.00 p.m. on the same day but on a different run to normal. The worker refused the work.
The dispute was referred to a Rights Commissioner's hearing at which the Union sought that the worker be paid the money he would have earned if he had worked overtime on the 4th of September. The Rights Commissioner's recommendation is as follows:
"I therefore recommend that the claim fails."
The Union appealed the recommendation to the Labour Court on the 30th of July, 2001, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th of December , 2001. in Limerick, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. Whilst the worker is contracted to work a 4 over 5 day roster, the normal practice is that he would work all 5 days of his own run. He was available to work on the 4th of September but was not allowed to.
2. It is the custom and practice of the Company/Union agreement that the Company is limited to specific areas for use of relief drivers e.g. annual leave, sickness, peak of business and absences. The Company has broken the agreement in this case.
COMPANY'S ARGUMENTS:
4. 1. The worker was rostered to work for 5 hours on the Monday in question but refused to do so, apparently on the grounds that the overtime was not on his own run.
2. The Company is working within its agreement in covering rostered days off with relief drivers. All staff are aware of the situation.
DECISION:
The Court, having considered the information supplied 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
7th January, 2002______________________
CONChairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.