FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IARNROD EIREANN - AND - A WORKER (REPRESENTED BY MR JOHN HORGAN) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Payment of zoning allowance 2001-2007.
BACKGROUND:
2. This dispute concerns the exact period for which the Worker should be paid a zoning allowance.
The Worker referred this case to the Labour Court on 29th October, 2009, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Worker agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 11th February, 2010.
WORKER'S ARGUMENTS:
3. 1. According to the terms of Labour Court Recommendation LCR17486 the Worker is entitled to retrospective payment of the zoning allowance for the period 2001 to 2007.
2. The Worker's claim was reviewed by an independent reviewer who recommended that the zoning allowance should be paid to the Worker.
3.The Company has failed to pay the money due to the Worker.
COMPANY'S ARGUMENTS:
4. 1. Prior to January 2003 the zoning allowance waspaid to the previous occupant of the position so the Worker's entitlement to the zoning allowance could not exist prior to January 2003.
2. The Company accepts that the Worker should be paid the zoning allowance for the period from January 2003 to October 2004 and on occasions for the further period from October 2004 to April 2006.
3.Any payment due to the Worker for the zoning allowance for the period from January 2003 to October 2004 and on occasions for the further period from October 2004 to April 2006 should, however, be offset by the occasions the Worker incorrectly claimed the zoning allowance during the period October 2004 to April 2006.
RECOMMENDATION:
The matter before the Court concerns a claim on behalf of an employee for a zoning allowance which he claims is due for the period from January 2001 until November 2007. The Company accepts that there are monies due to the Claimant in respect of the period from January 2003 until October 2004 but which must be offset against certain subsistence payments paid post-October 2004, however, it does not accept that the Claimant met the criteria for payment of the zoning allowance throughout the remainder of the period claimed for and accordingly disputes the extent of his claim.
Due to the absence of detailed information the Court is not in a position to make a definitive Recommendation at this point and accordingly recommends that the parties should meet to establish details of any outstanding monies due to the Claimant. This exercise should be completed as expeditiously as possible but no later than 12th March 2010.
Any residual issues may be referred back to the Court for a definitive Recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd February, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.