FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IRISH BLOOD TRANSFUSION SERVICE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal Of Rights Commissioner's Recommendation IR12578/02/MR, 12582/02/MR, 12583/02/MR, 12584/02/MR
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union on behalf of four members who commenced employment as donor attendants with the Blood Transfusion Board in Limerick in March 2002.The members applied for positions advertised as full-time Donor Attendants but were informed at interview that the positions were in reality part-time positions but that their earnings would be increased by subsistence payments for all clinics attended. This would be in line with existing practices for current employees. Eight weeks after they commenced employment they were informed that they would not receive subsistence payments in respect of city based clinics. All Attendants employed prior to March 2002 were in receipt of subsistence payments irrespective of location. The members had accepted their offer of employment on the understanding that they would receive the same benefits as their existing colleagues.
The Union are seeking to either reinstate the subsistence payments to the members with retrospective effect or award a realistic level of compensation.
The Company rejects the claim
The matter was referred to a Rights Commissioner for investigation and recommendation.On the 18th August, 2003 the Rights Commissioner issued his recommendation as follows:- "I now recommend that, on an exceptional basis, the IBTS should agree to pay each of the four named claimants a once-off ex gratia lump sum of €1,000, and that the Union and the four claimants should accept these payments in full and final resolution of this dispute"
- On the 24th September, 2003, the Union appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 4th February, 2004.
- "I now recommend that, on an exceptional basis, the IBTS should agree to pay each of the four named claimants a once-off ex gratia lump sum of €1,000, and that the Union and the four claimants should accept these payments in full and final resolution of this dispute"
UNION'S ARGUMENTS:
3. 1. The changes to the payment of the subsistence payments implemented in March, 2002, were introduced without agreement with the Union. It was a unilateral change of existing terms and conditions of employment for staff operating from the Limerick base.
2.The Union do not accept as truth that the workers were advised at interview stage that they could claim subsistence in accordance with Public Service Policy.The members were not informed until eight weeks after employment commenced that they would not receive subsistence payments for city based clinics.
3.The Rights Commissioner accepted that the information provided to the workers at the time of their recruitment was inadequate and incorrect.
ORGANISATION'S ARGUMENTS:
4. 1. Following an internal review of procedures in December 2001, it became apparent that a number of employees had been claiming subsistence in contravention of the Public Service Policy, the documentation was therefore amended to clearly identify procedures for the future.
2.The workers were informed at interview that they would be in receipt of travel and subsistence allowances in accordance with Public Sector regulations, there is no evidence that they were informed otherwise.
3.The Rights Commissioner did not state that either side was right or wrong with regard to the evidence but that there was confusion. The level of compensation is more than adequate to compensate the workers for this confusion.
DECISION:
The Court, having considered the written and oral submissions made by the parties supports the findings of the Rights Commissioner in this case.
However, the Court recommends that the ex – gratia lump sum payments of €1,000 be increased to €1,400, the Rights Commissioners recommendation to be amended accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
16th February 2004______________________
JO'CDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Joanne O'Connor, Court Secretary.