FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LIMERICK COUNTY COUNCIL - AND - A WORKER. DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal of Rights Commissioner's Recommendation R-061357-Ir-08/POB.
BACKGROUND:
2. The case concerns an appeal by the worker of Rights Commissioner's Recommendation R-061357-Ir-08/POB. The issue in dispute concerns a claim by the worker to have retrospective application of an allowance previously received in relation to a change in work location from Limerick to Newcastle West, Co. Limerick.
It is the workers position that the allowance paid was equivalent to one way travel expenses between the old and new locations and was to be paid on the basis of the additional travel incurred.
Management's position is that the allowance was to be paid to take into account the transfer of work location from Limerick to Newcastle West, Co. Limerick, and was to be paid for a maximum period of two years. Management contend that the payment was subsequently applied for a further period of 1 year to facilitate the workers permanent relocation to Newcastle West.
The matter was referred to a Rights Commissioner for investigation and Recommendation. His Recommendation issued on the 28th August 2008 and did not find in favour of the worker's claim on the basis that the requirement to travel from Limerick to Newcastle West no longer existed and hence no allowance was payable.
On the 9th of October, 2008, the worker appealed the Recommendation to the Rights Commissioner in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 27th May, 2009.
WORKER'S ARGUMENTS:
3. 1.It was agreed with Management, that on the basis of the need to travel from Limerick to Newcastle West, an allowance would be paid to the worker. It was not indicated that the payment would cease after two years.
2. The worker is claiming the retrospective payment of the allowance from the date that payment stopped (30th September 2005) until the cessation of her employment at a future date.
MANAGEMENT' S ARGUMENTS:
4. 1. The worker was paid an allowance to take into account the requirement to travel from Limerick to Newcastle West. The allowance was equivalent to weekly travel payments payable from Limerick to Newcastle West (one-way).
2. The worker had intimated her intentions to relocate permanently to Newcastle West and Management confirmed that the payment would apply for a maximum of two years to facilitate the relocation.
3. The allowance continued for three years until 30th September, 2005, until the worker finally relocated to Newcastle West. Management made every effort to accommodate the worker on the basis of the previous request to re-locate, but cannot continue to pay an allowance when the worker is no longer required to travel.
DECISION:
It is clear to the Court that the allowance at issue was paid in consideration of the claimant being required totravel to Newcastle West. It logically follows that the justification for the allowance ceased to exist after she relocated to that area.
Accordingly the ourt is satisfied that the Rights Commissioner's assessment of the situation is correct. The appeal is disallowed and the Recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
15th June, 2009.______________________
AH.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.