FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IARNROD EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Loss of earnings - Maynooth line.
BACKGROUND:
2. The claim is on behalf of 12 Clerical staff employed on the Maynooth suburban line. On the 19th of August, 2001, Sunday commuter service was introduced on the line from Maynooth to Connolly Station. The workers concerned were required to provide cover at 6 booking offices on the line for 2 out of 3 Sundays - at Ashtown, Castleknock, Clonsilla, Coolmine and 2 offices in Leixlip. However, due to a lack of business on the line on Sundays, the Company was obliged to close the 6 booking offices. Each of the staff had worked 22 Sundays, 5 hours fifteen minutes at double time.
The Union's claim is that the workers had been assured that the Sunday work would continue indefinitely, and it is seeking compensation of 2.5 times the annual loss. The Company has rejected the claim, stating that Sunday work is a normal part of the workers' duties.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 23rd of July, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st of November, 2003.
UNION'S ARGUMENTS:
3. 1. The workers were interviewed for the position and they had to give an absolute undertaking that they would work 2 out of 3 Sundays in order to get the job.
2. The workers had a clear understanding that the work would continue indefinitely, as there was no indication at the interviews that it would be for a short time.
3. The workers suffered a substantial loss of earnings due to the discontinuance of the Sunday work.
COMPANY'S ARGUMENTS:
4. 1. The Company was obliged to close the regular Sunday service on the Maynooth line due to the low revenue collected.
2. No committment was given to staff that they would have a guarantee of Sunday working. Sunday work is a normal part of the workers' duties. The Company's conditions of employment state"The Service operates on a Sunday. From time to time, at certain locations staff are rostered to work on Sunday. When so rostered, you must carry out this duty".
RECOMMENDATION:
Having considered the written and oral submissions of the parties, the Court is satisfied that at the recruitment stage for booking office staff for the newly refurbished Maynooth line, Sunday working was highlighted as being a regular feature of the planned growth of the line. This has not happened, resulting in the discontinuation of Sunday overtime.
In all the circumstances of this case, the Court recommends that the Company should pay compensation of €2,000 to each of the claimants affected by the loss of this overtime.
Signed on behalf of the Labour Court
Caroline Jenkinson
1st December, 2003______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.