FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TEAGASC - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Ms Ni Mhurchu |
1. Non payment of travel expenses.
BACKGROUND:
2. In 2003, Teagasc initiated a number of cost-saving measures, including the rationalisation of some offices around the country. The claim concerns a Grade 2 Administrative staff worker who was transferred, within Leitrim, from Ballinamore Research Centre to the Teagasc office in Mohill, a distance of 10.6 miles (one way). The Union claims that she was informed of the move on a Friday and transferred the following Monday.
At Ballinamore, the Agricultural Adviser was moved to Carrick-on-Shannon at the end of July, 2003, and the worker concerned was transferred to Mohill in August, 2003. A number of farm staff remain in Ballinamore. Previously, the worker had been working 2/3 days per week in Mohill on a temporary transfer basis and had been paid travelling expenses accordingly.
Ballinamore is due to be closed as part of the rationalisation plans. The Union's claim concerns travelling expenses for the worker and it has outlined 2 solutions:
1. That (the worker) works out of Ballinamore (and receives all monies owed in unpaid travel expenses) until the location is actually sold and closed and that she re-deploys at the same time and in the same manner as other members of staff.
2. That (the worker) receives travel expenses for working in Mohill until Ballinamore is actually closed and that then, consistent with everyone else, she has the opportunity to avail of the permanent relocation package subject to the agreed criteria.
The employer's case is that there is no work for the employee in Ballinamore.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 12th of December, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th of March, 2004.
UNION'S ARGUMENTS:
3. 1. Management claims that there is no work for the employee in Ballinamore yet she was asked to attend there on the 17th of December, 2003, to assist with auditors.
2. The Union is not aware of any other group of members who have had to re-locate full time prior to the actual sale and closure of their office.
3. Staff were advised at a meeting in January, 2004, that Mohill office was to be closed and staff re-located. This was just 5 months after the worker was forced to relocate from Ballinamore to Mohill on a so-called permanent basis.
EMPLOYER'S ARGUMENTS:
4. 1. The worker has been transferred a relatively modest distance within Leitrim and such a transfer is provided for in her terms and conditions of employment.
2. There is no work for the worker in Ballinamore. Indeed, there have been no administrative duties for her since the Agricultural Adviser was transferred in July, 2003
3. Staff who have had to relocate have already received a payment. If the Union's claim were conceded, the worker would receive additional monies not paid to other staff.
RECOMMENDATION:
The Court, having considered the written and oral submissions made by the parties, is satisfied that Management has the right to transfer the claimant.
The Court is conscious that to create a temporary transfer arrangement in the circumstances would raise problems within the organisation.
However, the Court supports the Union's claim that the manner of the transfer, informing her on Friday to transfer on Monday, given the background to this decision, was unacceptable and not in line with custom and good practice.
The Court,therefore, recommends that the employer pays the claimant €500 in compensation for the manner of her transfer.
Signed on behalf of the Labour Court
Finbarr Flood
23rd March, 2004______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.