FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WATERWAYS IRELAND (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Loss of Earnings
BACKGROUND:
2. This case concerns a dispute betwen the Company and the Union in relation to compensation for the loss of regular overtime. The Unions position is that the overtime was curtailed and that the workers were not compensated for the losses incurred. Managements position is that the overtime was curtailed in order to comply with the Organisation of Working Time Act, 1997.
It is also Managments position that the overtime costs represented a large proportion of its budget and such costs were unsustainable.
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 matter was referred to the Labour Court on 22nd October, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 6th February 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The workers involved in this claim have suffered massive losses of income since management unilaterally removed overtime. The fact that the Company had not previously complied with the Organisation of Working Time Act, 1997 is not the responsibility of the workforce.
2 All recipients of the regular rostered overtime made financial commitments based on their level of income and future projected income. It is unacceptable that this occurs without compensation.
COMPANY'S ARGUMENTS:
4 1 The cost of the overtime was excessive and unsustainable. Overtime in 2004 was running at 23.25% of salaries which could not continue based on the level of funding available.
2 When it became clear that the Organisation of Working Time Act, 1997 was being breached, immediate steps were made to ensure compliance.
RECOMMENDATION:
The Court having considered the submissions of the parties finds that there has been a loss of regular overtime to the claimants.
It is also noted that some of the overtime worked involved working hours in excess of the maximum permitted under the Organsation of Working Time Act, 1997.
The Court, therefore, recommends that in calculating losses, hours in excess of the statutory maximum should be disregarded and that losses should be calculated at twice the annual value of the loss.
Signed on behalf of the Labour Court
Raymond McGee
14th February 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.