FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ATHLONE EXTRUSIONS LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Recommendation R-053878-Ir-07/EOS and R-056080-Ir-07/EOS
BACKGROUND:
2. The dispute concerns a loss of pay for the worker due to a reduction in overtime. The worker was employed as a Team Leader (one of two who took a claim) and in 2006 had been receiving overtime earnings of €42.18 per hour or €168.72 per week. In April, 2006, the Company decided that the overtime was excessive and changed the pattern, resulting in a loss of €105.45 per week for the worker. The Union submitted a claim for loss of earnings which it quantified as €11,235. The case was referred to a Rights Commissioner and her recommendation was as follows:
"Based on the uncontested evidence of the claimant's representative I find in favour of the claimant and require the employer to pay the worker a once off compensatory payment of 5,000 euro in full and final settlement of this dispute."
(The worker was named in recommendation.)
Both parties appealed the recommendation, the Company on the 8th August, 2008, and the worker on the 29th August, 2008, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 1st October, 2009, in Mullingar, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The worker had been earning the overtime for the previous six years and the loss made a considerable difference to his take-home pay. The claim had been on-going for almost two yearsdue to the Company's delaying tactics before it was heard by the Rights Commissioner
COMPANY'S ARGUMENTS:
4. 1. The overtime being claimed by the Team Leaders was excessive. Supervisors working during the week were capable of doing the same sort of work far more quickly than the two Team Leaders.
2. The worker was dismissed for gross negligence which resulted in losses for the Company far in excess of overtime losses incurred by him.
DECISION:
Both sides appealed the Recommendation of the Rights Commissioner who awarded the worker the sum of €5,000 as compensation for the unilateral withdrawal of a regular overtime allowance of €110 per week.
The worker stated that the overtime had been worked for over six years, he appealed the Recommendation and sought the payment of €10,000.
The Company appealed and stated that the pattern of overtime was changed as it was deemed excessive and this change resulted in the loss to the worker.
Having considered the submissions of both sides the Court decides to uphold the Rights Commissioner’s Recommendation and, therefore, the sum of €5,000 should be paid in full and final settlement of the claim.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd October, 2009______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.