FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH DUBLIN COUNTY COUNCIL REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD - AND - FOUR WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner Recommendations R-052556-Ir-07/Tb, R-052557-Ir-07/Tb, R-052558-07/Tb, R-052559-07/Tb
BACKGROUND:
2. This case concerns an appeal of Rights Commissioner's Recommendations R-052556-Ir-07/Tb, R-052557-Ir-07/Tb, R-052558-07/Tb and R-052559-07/Tb.
The issue in dispute relates to the payment of an allowance which was applied to Foremen and Assistant Foremen employed in the Refuse section of the Councils Ballymount Depot in 1997. The allowance was given on the basis of co-operating with restructuring and the re-organisation of domestic refuse collection at the time. The allowance was subsequently extended to Foremen in the Burial Section also.
Management's position is that allowance was paid as a local arrangement in a particular set of circumstances and the claim as presented is inappropriate and unsustainable. It contends that it is not automatically applied to workers on promotion to the Foremen/ Assistant Foremen Grades.
The Unions position is that the previous postholders received the allowance and because of the interchangability between the roles it should be applied to the claimants in this case also, retrospective to their dates of appointment in the Foremen and Assistant Foremen grades.
The dispute was referred to a Rights Commissioner for investigation. His Recommendation issued on the 22nd November 2007 stating that it was reasonable of the workers to have expected payment of the allowance on the basis of their predecessors but that the matter be settled by means of a once off lump sum payment of €6,000 payable to each worker.
On 17th December 2007, the Union appealed the Rights Commissioners Recommendation in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on 16th April, 2008
UNIONS ARGUMENTS:
3 1 The claim as presented is fair and reasonable in the circumstances. The allowance was previously applied to Foremen and Assistant Foremen in both the Council's Refuse and Burial sections. The allowance should have applied to the claimants in this case on promotion to the appropriate grades.
2 There was no written confirmation given to the workers that the allowance would not apply. In the circumstances, it was taken that the allowance would apply as it had previously.
MANAGEMENT'S ARGUMENTS:
4 1 The allowance was applied to a particular grade by local management in a particular set of circumstances which prevailed at the time. It was not sanctioned to be paid continually to the Grades in question.
2 The cost of the claim is unsustainable. If conceeded the increase in earnings for each worker will be approximately €18,000 per annum. The Council has never received any productivity in relation to the allowance and cannot allow payment to continue.
DECISION:
The Court agrees with the sentiments expressed in the Rights Commissioner's Recommendation but is of the view that the compensatory payment should be increased to €10,000.
The Court so determines and varies the Rights Commissioners Recommendation accordingly.
Signed on behalf of the Labour Court
Raymond McGee
27th May 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.