FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : FÁS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Disturbance Compensation
BACKGROUND:
2. The claim before the Court is for compensation for the disturbance to staff during construction work over a period of two years. In 2005 heavy construction work began to modernize office accommodation and training facilities for all the company's staff and clients. The Union argue that working conditions became unbearable at times and as part of discussions with management, sixty issues of concern directly related to the disturbance caused by the construction work were raised but to no avail. The Company argue that every reasonable effort was made in co-operation with the local union representatives to ameliorate this disruption.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 18th January, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 7th June, 2007.
UNION'S ARGUMENTS:
3. 1 The Union believes that workers are entitled to a safe, clean working environment. This has not been the case in this instance and needs to be addressed with a compensatory payment. Management have agreed that working conditions were extremely bad due to construction work, yet they have failed to address the concerns of their staff in any significant manner.
2 Staff have continued to provide a quality and professional service to customers in difficult conditions for a long period of time. The canteen has practically been closed for six months and staff have been deprived of the opportunity to have a hot meal. There has been damage to personal belongings especially clothes.
3 Previous construction on another of the Company's sites in 1979/1980 resulted in a compensatory payment to staff. Similarly, there are many instances over the years of compensation or allowances being paid out to workers for co-operating with such difficult conditions
COMPANY'S ARGUMENTS:
4. 1 Staff did submit lists of alleged safety breaches and problems with the construction work to local management. However, these issues were tackled as they arose, often in a partnership process.
2 It is not the practice of the Company to pay lump sum compensation to staff where refurbishment work is taking place to improve their working environment. The payment of compensation in this instance would set a new and unsustainable precedent for the Company and may have wider implications.
3 Almost every other site belonging to the Company has been renovated in recent years and staff at this site have not been unfairly treated as has been alleged. No payments have been made to other staff.
RECOMMENDATION:
The Court has given full consideration to the claim for disturbance compensation made by the Union on behalf of its members employed at FÁS Ballyfermot Training Centre, for the inconvenience incurred during building works at the centre.
Management rejected the claim, however, it accepts that the working environment was very difficult for employees during the period of the building works. Management informed the Court that the last phase of the planned works are due to commence later this year.
In consideration of the unusually high level of disturbance caused and taking account of the planned construction required at the centre, the Court recommends that FÁS should grant on a once of basis 2 days extra leave, to be taken at neutral cost, in response to this claim. The recommended 2 days should be taken before the expiry of the 2008 leave year .
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd June, 2007______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.