FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BRADY FAMILY LIMITED - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Various issues.
BACKGROUND:
2. The Worker concerned was employed by the Brady Family Limited as a Relief Van Sales Driver from 11th February 2008 until the 30th May 2008 when he resigned. The role of a relief van sales driver involves working in areas throughout the country where extra staffing is needed or to cover periods of annual leave. The Worker received a contract of employment.
The Worker maintains that it was agreed that he would get paid 40 cents /mile for using his own car to get to work and that this was not adhered to. The Worker stated that he was paid for a 39/hour week but worked in excess of that. He also stated that on Friday 30th May 2008 at 3.00 p.m. he received an instruction, in an intimidating manner, to go to Ballinasloe. The Worker stated that he felt he was being bullied and resigned his position with the Company.
The issue could not be resolved at local level. The Worker referred the claim to the Labour Court on the 10th September, 2008 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 21st November, 2008.
WORKER'S ARGUMENTS:
3. 1.The Worker maintains that the Company breached the agreement it had reached with him to pay a 40 cent/mile allowance for using his own car to get to and from work.
2. The Worker claims that he worked in excess of 39 hours/weekon several occasions.
3.The Worker resigned his position because he believed that he was going to be dismissed.
COMPANY'S ARGUMENTS:
4. 1. The Company stated that it does not pay employees a mileage allowance to get from home to the place of work. The Worker concerned was paid a basic rate, commensurate with food sector industry rates, as well as daily payment for subsistence.
2. The Worker's contract required that he work 40 hours per week, on average. During the period of his employment he worked no more than 45 hours in any particular week.
3. The Worker was told that if he would not go to Ballinasloe that someone else would have to do it. The Company maintains that the Worker was not threatened in any way.
RECOMMENDATION:
The Court has carefully considered the submissions made by the parties in this case.
The Court notes that a number of issues were raised by the claimant in relation to his period of employment with the Company. However, his only formal claim before the Court is for reimbursement of certain expenses which he claims in respect of the use of his private vehicle in travelling to and from the Company depot.
The Court does not accept that an employer should be responsible for the expenses incurred by an employee in travelling to and from work. However, in this case the situation is not entirely clear-cut and the amount being claimed is small.
In all the circumstances of this case the Court is of the view that the amount claimed €198) should be paid but on the understanding that it is in full and final settlement of all and any claims which have arisen or may arise from his employment with the Company.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Duffy
2nd December, 2008______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.