FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST JOSEPHS SPECIAL SCHOOL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation r-094014-ir-10/SR.
BACKGROUND:
2. This dispute arose from the Employer's decision to stop paying the Worker travel and subsistence expenses. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 11th November, 2010 the Rights Commissioner issued the following Recommendation:-
- “I recommend that the Employer pay the Claimant travel and subsistence expenses in accordance with the relevant Circulars as applied to her Resource Teacher and Support Teacher colleagues with effect from the date of her redeployment from her base at Ballytivnan, Sligo (from October 2008) to Drumshambo and from May 2009 to Mohill”.
- “I recommend that the Employer pay the Claimant travel and subsistence expenses in accordance with the relevant Circulars as applied to her Resource Teacher and Support Teacher colleagues with effect from the date of her redeployment from her base at Ballytivnan, Sligo (from October 2008) to Drumshambo and from May 2009 to Mohill”.
3. 1.The Worker is entitled to be paid travel and subsistence expenses.
2.TheEmployer's unilateral decision to stop paying these expenses has caused the Worker significant financial hardship.
3.The Employer continues to pay these expenses to staff in other grades.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker is not entitled to travel and subsistence expenses in respect of travel from her home to her place of work.
2. Any comparison with the work of other grades is invalid.
3. Concession of this claim would have serious local and national implications.
DECISION:
Having considered the submissions of both parties in this case the Court allows the appeal and sets aside the Recommendation of the Rights Commissioner.
Signed on behalf of the Labour Court
Brendan Hayes
16th June, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.