FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GOBLIN (IRELAND) LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR7481/02/MR.
BACKGROUND:
2. The Company is based in Tralee, Co. Kerry. It manufactures a range of floor care products. It currently employs approximately one hundred and seventy workers.
The worker concerned commenced employment with the Company in 1997. His duties included cleaning and driving a forklift truck.
The Union states that in September, 2001, he was requested to cease driving the forklift truck as he was not properly trained. As a result of this move he suffered a loss of overtime earnings. The Company states that he was requested to cease driving due to safety issues which had arisen. He was asked to work overtime on two occasions since then and was not available to do it.
The issue was referred to a Rights Commissioner for investigation and recommendation. His findings and recommendation issued on the 6th of December, 2002, as follows:-
"Based on the evidence before me, I am not satisfied that the worker has suffered any measurable loss of earnings as a result of his change of duties and accordingly I am not recommending that he should receive any compensation for loss of earnings.
However, it seems to me that if there were difficulties with the worker's forklift driving, the best way to address those difficulties would be to allow him to take a suitable training course and the following recommendation is intended to reflect this.
I therefore, recommend that the Company should agree to allow the worker to take a suitable training course in forklift driving within three months of his return to work, on the basis that the Company might wish him to undertake such duties in the future, and that the worker and the Union should accept this commitment in full and final settlement of all matters in dispute between the parties".
(The worker and the Union were named in the recommendation).
The Union appealed the recommendation to the Labour Court on the 17th of January, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 29th of April, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Company was requested on several occasions to allow the worker concerned to undertake a forklift truck training course but ignored the request.
2. In September, 2001, the Company removed the worker concerned from forklift truck duties due to the fact that he was not properly trained in such duties. As a result he incurred a loss of overtime earnings.
3. The worker concerned should be compensated for loss of overtime earnings during the period from September, 2001, until March, 2002. He should also be given the opportunity to undertake a forklift truck driving course.
COMPANY'S ARGUMENTS:
4. 1. In accordance with the Company/Union agreement, Management has absolute discretion in deciding who should carry out particular duties at any given time.
2. The worker concerned has not been available to work overtime on a number of occasions when requested, due to his poor attendance record.
3. There is no guarantee of overtime. Overtime availability has declined as a direct result of a serious downturn in sales.
4. The worker concerned has been treated fairly and reasonably at all times.
DECISION:
The Court has considered the submissions of both sides to the Union's appeal of the Rights Commissioner's recommendation. While the Rights Commissioner found that there was no measurable loss of overtime earnings, the Court was supplied with some information on the loss sustained.
Accordingly, the Court recommends the payment of €400 in full and final settlement of the claim. Furthermore, the Court recommends that the appellant should be provided with the appropriate training in forklift driving and that such training should commence without delay.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th May, 2003______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.