FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MEATH CO. COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Travel Costs, Time and Disturbance on Relocation
BACKGROUND:
2. This case concerns a dispute between Meath County Council, represented by the Local Government Management Services Board (LGMSB) and the Irish Municipal, Public and Civil Trade Union (IMPACT) in relation to the transfer of the Community, Enterprise, Recreation, Cultural and Heritage (CERCH) section of Meath County Council from Meath to Navan.
The Union is claiming the excess mileage at Civil Service rates for five years or a once off lump sum payment of €15,000, time off in lieu for the excess travel to and from work, quantified at 1.5 hours per day or 10 additional days annual leave for a period of five years as well as paymet of disturbance and relocation costs where applicable.
Management rejects the claim on the basis that it is excessive and without just cause. Management contend that relocation is covered in individual contracts of employment and it cannot set a precedent by paying compensation and expenses as claimed by the Union. It further contends to have offered an additional days' leave as a gesture of goodwill.
The dispute was not 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 10th February 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 24th March, 2009.
UNION'S ARGUMENTS:
3 1 The new location of the CERCH service involves excessive extra travel time and distance. It is unacceptable that workers have their working week lengthened as a result.
2 Many of the workers will also incur additional expenses due to the additional times spent travelling to and from the new work location in terms of fuel, childminding and related costs.
3 The Union's claim is fair and reasonable in the circumstances on the basis of the disruption and additional requirements imposed upon the workers.
COMPANY'S ARGUMENTS:
4 1 The Union's claim is invalid. The relocation of services within Meath County Council is provided for in individual contracts of employment and is also the subject of a mobility agreement concluded between the parties.
2 Management has, at all times consulted with the workers with regard to the proposed move. Concessions have already been given during the negotiation process.
3 Many other transfers have taken place where no compensation has been claimed. Concession of this claim will undoubtedly lead to repercussive claims in the future. An additional days' leave has been offered by Management as a gesture of goodwill to those affected.
RECOMMENDATION:
The matter before the Court concerns the Unions claim for relocation expenses on behalf of 9 workers transferred from Navan Co. Meath to Ashbourne, Co. Meath.
The claim arose due to the transfer of the Community, Enterprise, Recreation, Culture & Heritage (CERCH) section of the County Council to Ashbourne.
The Union sought compensation for the excess travel costs and the excess time involved in relocating to the new centre. Management rejected the claim, stating that the staff concerned were covered by both a contractual obligation to transfer in such circumstances and a mobility agreement concluded between the parties. However, in an effort to address the claim the Council offered one extra day’s annual leave to be taken in the leave year 2008/2009.
Having examined the submissions of both parties, the Court considers the Council’s offer as fair and reasonable in the circumstances and recommends that the extra day’s annual leave offered should be given in the leave year 2009/2010 for the 9 workers affected by the relocation.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th April 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.