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: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Disturbance payment.
BACKGROUND:
2. The Union's claim is for a disturbance payment for approximately 20 clerical workers employed at Heuston Station. The Union is seeking €500 per person.
The issue of disturbance payments arose following the implementation of the Heuston Redevelopment Project. The Union claims that various grades have received compensation, depending on the degree of inconvenience, ranging from €500 to €800 per person. Clerical staff were offered €200.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. At the conference, the Company increased its offer to €250 per person but this was rejected by the Union. The dispute was referred to the Labour Court on the 23rd of June, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd of September, 2003.
UNION'S ARGUMENTS:
3. 1. The clerical staff suffered as much disturbance/inconvenience as other staff (details supplied to the Court) and should be compensated accordingly.
2. Clerical staff at the Information Desk had to adapt to all new changes in technology due to the redevelopment work.
COMPANY'S ARGUMENTS:
3. 1. The amount of disturbance to the clerical staff was minimal and, in some cases, almost non-existent.
2. Most of the work involved took place a considerable distance from the Booking Office where the majority of Clerical Staff worked.
RECOMMENDATION:
Taking account of the degree of inconvenience caused to the claimant grade, the Court recommends that the Company offers and that the Union accepts compensation in the amount of €350 per employee affected. This amount should be in full and final settlement of all claims on behalf of clerical staff arising from or connected with the refurbishment of Heuston Station.
Signed on behalf of the Labour Court
Kevin Duffy
30th September, 2003______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.