FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MAYO COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Hearing arising from LCR17177.
BACKGROUND:
2. LCR17177 issued in June, 2002. The claim was on behalf of general operatives and waterworks sewage caretakers who are claiming benefit of the Council's subsistence and meal allowances. The subsistence allowance is paid on miles from headquarters. The current subsistence allowance is €13.00 for 5 to 10 miles (maximum of 4 days per week) up to €47.22 over 35 miles, 7 days per week. The current meal allowance is €10.04 per day payable 5 days per week. There is also an eating-on-site allowance now valued at €1.90 per day. (The full background to the case is contained in LCR17177). The Court recommended that the allowance should be considered within the parallel benchmarking process for Local Authorities which was to be completed in October, 2002. If the claim could not be resolved at that stage, it would be referred back to the Court for a further recommendation. The Union referred the claim back in April, 2004, and a hearing took place on the 23rd of March, 2005, in Castlebar, the earliest date suitable to the parties. The following is the Court's recommendation:
RECOMMENDATION:
The Court is satisfied that the issues in dispute in this case affect similar categories of workers in every Local Authority. In that respect they have national implications and it is inappropriate that they be pursued at local level.
The Court recommends that where workers are required to use their own transport in travelling from their established base to their place of work they should be paid the appropriate mileage allowance. Having regard to the established practice in similar employments the Court does not recommend that the claim for subsistence be conceded.
The Court is further satisfied that the payment of eating-on-site allowance is appropriate in the present case having regard to national norms. In these circumstances, the Court does not recommend concession of the claim for meal allowance.
Signed on behalf of the Labour Court
Kevin Duffy
8th April, 2005______________________
CON/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.