FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IARNROD EIREANN - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Expenses
BACKGROUND:
2. The Union's claim is that the worker has not been paid the correct expenses when travelling from his base in Enniscorthy. The worker commenced employment with the Company in 1998 and was based in Wexford. He moved to Enniscorthy in 2000. The Union claims that other employees in the same situation as the worker concerned i.e. same work and same location, receive higher expenses (€20.15 per day) than the worker who only receives €8.18 per day. The Company maintains that he receives the correct expenses.
The Union referred the case to the Labour Court on the 29th September, 2009, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 19th January, 2010. The worker agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. The worker has lost a considerable amount of money since his appointment to Enniscorthy due to being underpaid on his expenses. He has received some back-money but is owed more.
COMPANY'S ARGUMENTS:
4. 1. The worker receives the correct expenses depending on the distance he travels from his base and the time involved. There have been occasions when he was paid at the lower rate but the Company corrected these errors and paid him €562.19 in December, 2007. If he is owed more money he can make a claim and any shortfall will be paid.
RECOMMENDATION:
It is acknowledged that the Claimant is based in Enniscorthy. Having regard to this acknowledgement, the Court is satisfied that the rules regarding travel and subsistence payments, based on time and distance out of Enniscorthy, are being correctly applied to the Claimant.
If, as appears from comments made in the course of the hearing, there are issues concerning the calculation of amounts due to the Claimant, based on time spent outside his base, these matters should be resolved in direct discussions between the parties.
Signed on behalf of the Labour Court
Kevin Duffy
21st January, 2010______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.