FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MONAGHAN TOWN COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation Ir7888/02/GF.
BACKGROUND:
2. The issue in dispute relates to a claim by the Union, on behalf of 11 workers, for compensation for loss of earnings following a decision by Monaghan Town Council to privatise the refuse collection service. At local level discussions the Council offered €3,522 to be divided amongst the claimants.The Council's offer was based on the following;
(i) Two years cumulative allowance, (differential between the General Operative rate and the Refuse Collectors' rate), €1,997
(ii) Two years cumulative overtime, €1,525. Total €3,522
The Union rejected the offer. The dispute was referred to a Rights Commissioner for investigation and recommendation. On the 23 October, 2002 the Rights Commissioner issued his recommendation as follows;
"I have been convinced by the Union's case showing the collectors have fully co-operated with the new measures and I am satisfied there will be a permanent loss of earnings, gratuities etc,.
Therefore I am recommending that each Bin Collector be paid the sum of €2,500 compensation in full and final settlement of the claim."
On the 5th November, 2002 the Council appealed the recommendation to the Labour Court. The Court heard the appeal in Cavan on the 21st February, 2003.
COUNCIL'S ARGUMENTS:
3. 1.The Rights Commissioner's recommendation provides for compensation for loss of earnings at a multiplier of 15.5 times the actual loss. The Council's offer is in line with established norms in this area and represents the actual loss.
2.Any additional concessions over and above the Council's offer would set a precedent in the area and could have serious repercussive affects within the local authority sector and across the public service as a whole.
UNION'S ARGUMENTS:
4. 1.The claimants gave full co-operation to the process of implementing the privatisation of the refuse service, which has resulted in a substantial saving for the Council.
2. The Rights Commissioner's recommendation recognised that the claimants would suffer a permanent loss of earnings, gratuities, etc, and also their co-operation which was afforded pre and post the privatisation.
DECISION:
The Court, having considered all the information before it, while accepting that there is a case for compensation, finds no basis for the level of compensation awarded.
The Court recommends that a once off lump sum totalling €5,500 be awarded to the claimants in full and final settlement of all issues raised.
The Court notes that the claimants have decided to divide any award (i.e. €5,500 in this case),equally between the 11 claimants.
The Court therefore upholds the appeal and rejects the Rights Commissioner's recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
4th March, 2003______________________
TODChairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.