FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ENNIS TOWN COUNCIL (REPRESENTED BY LGMSB) - AND - (SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner Recommendation No: r-079991-ir-09/POB
BACKGROUND:
2. This case concerns an appeal by the Union of Rights Commissioner Recommendation No: r-079991-ir-09/POB. The issue concerns a Supervisory Traffic Warden who is seeking a compensatory payment for collecting monies from parking meters. Management's position is that collecting monies from parking meters is an integral part of all traffic warden duties (including supervisory) and that this matter has already been the subject of local agreement where three hours overtime was previously granted to all traffic wardens in respect of changes to their working practices. The issue currently in dispute was also the subject of a previous Labour Court hearing. (LCR19563 refers)
The dispute was referred to the Rights Commissioner's service for investigation. His recommendation issued on the 15th December 2010 and did not find in favour of the worker's claim on the basis that he is in receipt of the three hours overtime given for the collection of monies and that further compensation would be inappropriate.
On the 19th January 2011, the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 16th November, 2011.
UNION'S ARGUMENTS:
3 1 The Union is seeking that the Claimant be paid the additional three hours overtime for collecting monies from parking meters as the overtime he is currently in receipt of does not take into account this particular area of his duties.
2 The claimant's contract does not state that his contractual obligations include removing monies from parking meters.
MANAGEMENT'S ARGUMENTS:
4 1 The payment of any form of compensation in this case is wholly inappropriate. Management has already acknowledged the duties carried out by all traffic wardens through the payment of the three hours overtime.
2 The issue of paying a security allowance to Traffic Wardens was already dealt with by the Labour Court and the Court did not find in favour of the Union's claim.
DECISION:
Having regard to all the circumstances of the case the Court cannot see any basis upon which it could interfere with the recommendation of the Rights Commissioner. Accordingly the recommendation of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
5th December 2011______________________
AHChairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.