FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROSCOMMON COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMMENT SERVICES BOARD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Compensation for loss of overtime.
BACKGROUND:
2. The dispute concerns three workers employed by the Council. The Union is seeking compensation for the three workers for the loss of overtime payments resulting from the Council's decision to privatise the refuse collection in the Boyle area on Saturdays during the Summer season. The Council rejected the claim. 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 June, 2003 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held in Roscommon on the 17th February, 2004(the earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. 1. The Union's claim for 1.5 times the annual loss is in line with the previous agreement in Roscommon County Council. The overtime was regular and rostered and the Council previously paid compensation in such circumstances without waiting to see if the loss was offset by other overtime earnings. This formula has been improved to twice the annual loss in Sligo County Council.
COUNCIL'S ARGUMENTS:
4. 1. The claimants were not compensated for loss of earnings as these have in fact increased.
2. The Court supports the view that compensation should only be paid where there is an actual loss of earnings (LCR 16133 refers).
3. Alternative overtime has been provided to the claimants.
RECOMMENDATION:
The Court notes that alternative overtime has been made available to those associated with this claim. In the event that the level of overtime is reduced below the level of regular and rostered overtime previously available, the standard package should apply.
Signed on behalf of the Labour Court
Kevin Duffy
9th March, 2004______________________
TOD/BRChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.