FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IRISH RAIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioners Recommendation IR5071/01/FL.
BACKGROUND:
2. The case involves 3 locomotive drivers based at Connolly Station. The Union's case is that their training period to become drivers was unnecessarily extended. The standard training period is 72-74 weeks. In this case, the Union claims training took 86 weeks. (There was some dispute at the hearing as to the exact date involved in the various training periods). As a result, the 3 workers spent 12 weeks being paid at the training rate instead of the full rate of a qualified driver. This resulted in a loss of approximately €3,066 per worker. The Company rejects the Union's timescale and claims that, with holidays etc. taken into account, the drivers completed a normal training period.
The dispute was referred to a Rights Commissioner and his recommendation is as follows:
"I recommend that the employer pay to each of the complainants €250 compensation for loss of potential earning".
The Union appealed the recommendation to the Labour Court on the 11th of March, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30th of August, 2002, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The 3 workers suffered a considerable financial loss through no fault of their own. This was as a result of the 8% difference between the driver's rate and the probation/training rate, and less available overtime.
2. The period of training is clearly set out at 74 weeks. The 3 workers spent an overall 86 weeks training.
COMPANY'S ARGUMENTS:
4. 1. The required probationary training period, whilst normally 72-74 weeks, is not specific in a number of areas and can vary depending on circumstances.
2. The 3 positions in the current dispute were advertised, and the advertisement did not mention any number of weeks for the duration of the course.
3. Two of the drivers spent 74 weeks training, including 19 weeks on probation. The third worker spent a total of 80 weeks but this included 7 weeks' annual leave.
DECISION:
The Court has considered the submissions of both parties and is of the view that no new information has been presented since the Rights Commissioner's hearing. The Court concurs with the findings of the Rights Commissioner and, in the circumstances, upholds the recommendation.
Accordingly, the appeal fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th September, 2002______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.