FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TEAGASC - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Compensation for loss of earnings
BACKGROUND:
2. The issue before the Court concerns a clima by the Union on behalf of two of its members for compensation for the loss of regular, rostered overtime. The Workers concerned started their employment with Teagasc in early 1999. They had sole responsibility for a large dairy herd at the Athenry Research Centre. As part of cost saving measures the herd was transferred from Athenry to Clonakility in January, 2009. It is the Unions case that its members suffered significant losses in income due to the loss of regular, rostered overtime associated with the management of the herd. Management's position is that significant consultation in relation to the cost saving measures took place prior to their implementation and agreement was reached between Teagasc and the Union in the reduction of the organisation's overtime bill.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 31st March, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 4th May, 2011.
UNION'S ARGUMENTS:
3. 1 The Workers have been carrying out compulsory, rostered overtime to facilitate the Teagasc Research Programmes for 10 years and 5 years respectively.
2 Both Workers have had significant reductions in their normal earnings. The loss of this overtime has had a huge impact on the livelihood of the Workers and their families.
3 The loss of this overtime was solely as a result of the herd being moved to different location. The work done by the Workers concerned continues to be done albeit in Clonakility.
COMPANY'S ARGUMENTS:
4. 1 The transfer of the herd was just one of a number of similar measures that have been implemented across the organisation and has resulted in overtime levels being reduced. The Workers position is no different to other staff members who have had their overtime reduced in recent years.
2 The efficiencies in farm operations were negotiated with the Union on the basis that if the savings required could not be achieved, then further closures of research farms was inevitable.
3 Since the herd was transferred to Clonakility the two Workers have been redeployed to roles where overtime is currently available.
RECOMMENDATION:
Having considered the submissions of the parties the Court recommends that the Claimants be paid compensation calculated at 1.5 times their full loss of regular and rostered overtime in full and final settlement of their claim.
Signed on behalf of the Labour Court
Kevin Duffy
19th May, 2011______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.