FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BUS EIREANN - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Loss of Earnings
BACKGROUND:
2. This case concerns a dispute between the Company and the worker in relation to compensation for loss of earnings. The worker is employed as a part time school bus driver and claims to have incurred a loss of earnings when his employer changed his route. He claims that the change in route resulted in a reduction in weekly working hours.
Management's position is that the contract of employment provides for a change of routes and hours of work if required to meet the needs of the business. It further contends that hours of work may be changed subject to a minimum payment of 21 hours per week.
The dispute was not resolved and the worker referred the matter to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Recommendation of the Court. A Labour Court hearing took place on 6th July 2010.
UNION'S ARGUMENTS:
3 1 The workers hours of work were reduced despite the fact that there was still the same level of work available. In many cases contractors were employed to take on the additional work that could have been done by direct employees of the Company. As a result of the reduction it is appropriate to award the worker compensation for the losses incurred.
COMPANY'S ARGUMENTS:
4 1 The Company reserves the right to change the routes which may result in a reduction in working hours. In such circumstances the individual contracts of employment provide that change may be made subject to the minimum weekly payment of 21 hours. Accordingly it is not appropriate to pay compensation for loss of earnings in this case.
RECOMMENDATION:
The matter before the Court concerns a claim by a part-time school bus driver for compensation for loss of earnings when the Company changed his driving route in 2005, thereby reducing his working hours from 31 hours and 10 minutes to 29 hours and 10 minutes per week.
The Court has considered the written and oral submissions of both parties and notes that the Contract of Employment for Part Time School Bus Drivers includes a clause which states
- “ you will be required to operate whichever service is allocated to you from time to time. If your driving time is reduced, your weekly rate of pay will be reduced accordingly subject to a minimum weekly payment of 21 hours per week”.
The Company stated that it is the standard custom and practice in such circumstances not to pay compensation for loss of earnings in respect of changes to school bus routes.
In all the circumstances the Court accepts that the Company had the right to change the driving hours subject to a minimum of 21 hours per week and acted accordingly in this case. Therefore the Court finds that there is no justification for concession of the claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st July 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.