FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COMMISSIONERS FOR IRISH LIGHTS - AND - PUBLIC SERVICE EXECUTIVE UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. (1) Compensation on foot of relocation and in respect of adverse working conditions (2) flexible working arrangements.
BACKGROUND:
2. The Commissioners of Irish Lights (CIL) has sold its premises in Pembroke Street and is to re-locate to new premises in Dun Laoghaire. The Union (PSEU) has 41 members in CIL of whom 36 are affected by this compulsory transfer.The move is part of an overall Integration Project Plan drawn up by Irish Lights.
The claim before the Court is taken by the PSEU on behalf of its members in CIL and relates to a) a claim for a compensation payment for relocation of offices from Pembroke Street to Dun Laoghaire, and b) a claim for compensation for disturbance during the construction of the new premises in Dun Laoghaire.
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 could not be reached, the issue was referred to the Labour Court on the 31st July, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th November, 2007.
UNION'S ARGUMENTS:
3. 1.Dun Laoghaire is 10.5 km (7 miles) from Pembroke Street and the move will cause significant disruption tostaff and their families in respect of increased travel time, extra travel costs and disruption to family life arrangements.
2. The Union maintain that staff currently in Dun Laoghaire have suffered severe disruption to their working environment as they have been effectively working on a building site since January 2006 and have been subjected to significant noise and vibration levels with dust and dirt everywhere.
3. The Union is seeking compensation of a lump-sum payment of €1,000 for workers in Dun Laoghaire for the disruption caused to them since construction began in January 2006 and a lump-sum payment of €5,000 per employee in Pembroke Street for the disruption the move will cause to their lives.
COMPANY'S ARGUMENTS:
4. 1. Since the conciliation process some progress has been made between the parties and a number of initiatives and concessions have been agreed between Management and the PSEU vis-a-vis worksharing, increase in flexi-time and tele-working.
2. The claimant grades are all directly linked with corresponding Irish Civil Service grades for the purposes of pay and conditions.There is a long standing Government policy that payments for disturbance arising from the relocation of places of work should not be made in the public service.
3. Movement of staff from Pembroke Street to Dun Laoghaire and vice-versa without payment of any compensation has always taken place.
RECOMMENDATION:
In the view of the Court, the Overall Integration Project Plan drawn up by the Commissioners, which has involved a significant level of structural re-organisation, encompasses the permanent relocation of all remaining staff from Pembroke Street to Dun Laoghaire.
The Parties already agreed that:
- "moving to a single site is a Service objective. Both parties agree to approach the achievement of this objective in a spirit of cooperation, with an emphasis on maximising consultation, discussion and agreement."
Agreement on this should take place within one month of the date of issue of this recommendation. Failure to agree would be disappointing given the above joint commitment, but in such case, the parties may revert to the Court for a definitive recommendation on the monetary amount of such payment.
The claim for inconvenience on the site of the new building should be dealt with by the Commissioners offering and the Union accepting, a once-off gratuity of one extra day's annual leave in 2008.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
12th November, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.