FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CASTLEBAR TOWN COUNCIL - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal Against Rights Commissioner's Recommendation R-037132-Ir-05/Gf
BACKGROUND:
2. This case concerns an appeal of Rights Commissioners Recommendation R-037132-Ir-05/Gf. The dispute concerns an employee of Castlebar Town Council who is employed as a Traffic/Litter Warden.
The worker is seeking payment of a tool allowance as provided for in the 2003 Parallel Benchmarking Agreement for Craftworkers. The Union's position is that as the worker is linked to Craftworkers for remuneration purposes, the tool allowance should also apply. Management's position is that the worker is paid in accordance with an agreement it concluded with the Trade Union in 2001 which aligned Traffic/Litter Wardens to Craftworkers for pay purposes only and on the basis of co-operation with future improvements in technology as part of their duties.
The matter was referred to a Rights Commissioner for investigation. His Recommendation issued on 28th February, 2006, as follows:
" I think the claimant is entitled to be paid in accordance with the 2001 agreement. It is clear that he is related to the Craftworkers for the purpose of the functions he performs. I find in his favour."
On the 3rd March, 2006, the employer appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 10th July, 2007.
UNION'S ARGUMENTS:
3 1 It was agreed between the parties in the 2001 Agreement that Traffic/Litter Wardens would be aligned to Craftworkers on the basis of the duties they perform. It is unacceptable that allowances applicable to Craftworkers would then be witheld by the employer.
2 All remuneration received by Craftworkers should also apply to Traffic/Litter Wardens in compliance with the Agreement concluded in 2001.
COMPANY'S ARGUMENTS:
4 1 The Agreement concluded in 2001 aligns Traffic/Litter Wardens to Craftworkers for pay purposes only and on the basis of future co-operation with improvements in technology with regard to their duties. The Agreement did not provide for the application of allowances that may be applied to Craftworkers into the future.
2 The Parallel Benchmarking Agreement of 2003 is quite specific in stating that the tool allowance will apply toCraftworkers, Craftworkers mate, Ganger, Assistant Foremen and Foremen.
DECISION:
The Court is satisfied that a tool allowance is within the terms of the parallel benchmarking exercise, payable only to the craft grades covered, i.e. Craftworkers, Craftworkers mate, Ganger, Assistant Foremen and Foremen.
In the view of the Court, the claimant has been and is paid in accordance with the 2001 agreement. There is in the Court's view no case established for the payment of a tool allowance to the claimant. The Court also notes that no attempt has been made by the Council to recoup monies previously paid in error.
The Court allows the appeal and overturns the recommendation of the Rights Commissioner.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
31st July 2007______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.