FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LOCAL AUTHORITIES (REPRESENTED BY THE LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. 1. Office allowance, 2. Subsistence Allowance.
BACKGROUND:
2. The dispute concerns workers who are employed by the Local Authorities as Revenue Collectors. They operate from home and their duties include the collection of rates, rents and annuities. The Union's claim for the payment of subsistence and office allowance payments to these workers was rejected by the Employers. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court in September, 2003 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 11th December, 2003.
UNION'S ARGUMENTS:
3. 1.Office allowance.The Revenue Collectors deal with a variety of correspondence in relation to clients and the Local Authorities. Members of the public regularly call to Revenue Collector's homes to discuss various aspects of their tenancies.
2. The provision of office space in their homes by Revenue Collectors has worked to the advantage of the Local Authorities. It is fair and just that they be compensated for this on the same basis as was measured and evaluated within the civil service.
3.Subsistence.The Union seeks the interpretation of Circular EL 221/2A headed 'Subsistence Allowances' to include the payment to Revenue Collectors who are absent from their base for five hours. The claimants' home is their base and the allowance should be paid to them if they are away from base for five hours. It is unfair of the Employers to interpret the Circular so as to exclude Revenue Collectors simply because they do not have their base at head office.
4. On occasions when Revenue Collectors are replaced by staff from head office to cover for annual leave, sick leave etc., their replacement receives subsistence once they qualify yet Revenue Collectors are denied the allowance.
EMPLOYERS' ARGUMENTS:
4. 1.Office allowance.The payment of office allowance in the civil service is based on its inability to provide office accommodation in certain circumstances. This is clearly not the case in the Local Authority sector. Management has made a reasonable offer to provide office accommodation for the Revenue Collectors.
2.Subsistence.Management has stated that Revenue Collectors are entitled to subsistence allowance if they fulfil the same criteria as the rest of employees in the sector.
3. During various discussions held Management was not satisfied that Revenue Collectors met the criteria that apply to the payment of subsistence allowance. While the Union stated that it would have no problem in substantiating that Revenue Collectors meet the criteria, it has thus far failed to do so.
RECOMMENDATION:
Two claims were submitted on behalf of Revenue Collectors employed by Local Authorities- claim for the payment of an office allowance for those who work from home, and payment of a subsistence allowance. Having considered the oral and written submissions of the parties, the Court recommends as follows:-
Office Allowance
Having considered the circumstances for payment of this allowance the Court is of the view that there is no merit in the Union's claim for the payment of this allowance to the claimants and accordingly rejects the claim.
Subsistence Allowance
The Court accepts that there could be genuine circumstances where subsistence allowance would be payable. However, in view of the nature of the work of the claimants, verification of claims could be difficult. Therefore, the Court recommends that the parties should agree criteria under which claims for subsistence allowance can be made and verified for payment.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th December, 2003______________________
TODDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.