FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IARNROD EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION NATIONAL BUS AND RAIL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioners Recommendation IR11835/ IR11926/ IR11927.
BACKGROUND:
2. The three workers concerned have been employed by Iarnrod Eireann as 'patrol gangers' at Connolly Station for many years. Following agreement on a New Deal for the overall Permanent Way Department, new staff were employed on a 5 over 7 basis. Staff employed prior to this agreement do not work on the 5 over 7 basis. In November, 2001, two supervisors were appointed on an acting basis to supervise the new staff. Supervisors work the 5 over 7 arrangement. These positions were not advertised, as was the norm at that time.
Some staff within the division objected to the appointments stating that they were senior to those appointed.
The issue was referred to a Rights Commissioner for investigation and recommendation. His findings and recommendation which issued on the 10th of December, 2003, are as follows:
"I am satisfied that lack of procedures has delayed this problem from being dealt with in an appropriate time. I am satisfied this a case of 'justice delayed is justice denied'. I am recommending that the practice of promoting workers in this manner ceases, and proper procedures be put in place to deal with this, into the future. Given the long delay in this case I am recommending the claimants be compensated in the amount of €3,000 in full and final settlement of the losses incurred."
The Company appealed the recommendation to the Labour Court on the 19th of December, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 24th of March, 2004.
COMPANY'S ARGUMENTS:
3. .1. The Company acted reasonably in appointing Acting Supervisors under the circumstances outlined in relation to procedures in place at that time.
2. The Company claim that the Rights Commissioner's decision was flawed in that the delay was caused by the claimants failing to follow Company procedures.
3. The Company maintain that acting up positions should be filled on the basis of seniority and suitability. There are safety implications in relation to the manner in which work is carried out.
UNION'S ARGUMENTS
4. 1. The Union members were treated unfairly in not being allowed to work in the acting supervisor capacity.
2. The Union members should be compensated for the unfair treatment as recommended by the Rights Commissioner.
3. Proper procedures and provision should be put in place in order that the unfair procedure ceases to exist.
DECISION:
While the Court is satisfied that there was a delay in dealing with this matter by the Company, it is clear that the actions of the claimants contributed to some of the delay.
In the circumstances the Court recommends that the compensation for the delay in this case be reduced to €1,500. The Rights Commissioners recommendation to be amended accordingly.
Signed on behalf of the Labour Court
Finbarr Flood
14th May, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.