FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GALWAY COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-099780-ir-10.
BACKGROUND:
2. This dispute arose from the Worker's failure to cooperate with the Council's decision to introduce electronic transfer payment for expenses incurred in the course of employment. This matter was referred to a Rights Commissioner for investigation and recommendation. On the 14th April, 2011 the Rights Commissioner issued the following Recommendation:-
- “The respondent is within its rights under the provisions of the various National Agreements to insist on the claimant's co-operation in this matter other than in those exceptional circumstances, which have been provided for. Consequently, I recommend that the claimant comply with the legitimate request of the respondent forthwith”.
On the 25th May, 2011 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 9thFebruary, 2012.
3. 1. The Worker's terms and conditions of employment have been unilaterally changed.
2. The Worker does not wish to have his expenses paid by electronic transfer.
3.Concession of this claim is cost-neutral.
COUNCIL'S ARGUMENTS:
4. 1. The Council introduced electronic transfer payment as a more efficient and secure method of payments.
2. The payment of expenses by electronic transfer is now the norm in the Public Sector.
3. The Worker must cooperate with electronic transfer payment as it is an intrinsic part of the agreed modernisation agenda.
DECISION:
The matter before the Court concerns an appeal by the Union on behalf of a worker against a Right’s Commissioner Recommendation which found against his claim for the retention of payment of expenses incurred in the course of employment by cheque.
In June 2010 the Council changed its method of payment of expenses incurred from payment by cheque to electronic transfer payment into the employee’s bank account. The Appellant refused to comply with the necessary set up details and sought to have such payments continued to be paid by cheque due to his own “personal reasons”.
In order to facilitate the Appellant the Council offered to have such expenses paid into a Credit Union account, however, the Appellant was not agreeable to this method of payment.
The Council rejected the Appellant’s request to continue payment of expenses by cheque and stated that the electronic transfer method was part of the Modernisation Agenda agreed with the Trade Unions through Sustaining Progress and Towards 2016 and increases received under these agreements were conditional on staff co-operation with such modernisation initiatives. Furthermore, the Council stated that such payment by electronic transfer was now the norm across all local authority sector and the Appellant had already agreed to payment of wages by electronic transfer.
The Rights Commissioner held that as no exceptional circumstances were provided by the worker then the Council was within its rights under the provisions of various National Agreements to insist on his co-operation with the electronic transfer of expenses incurred and consequently recommended that the worker should comply with the legitimate request of the Council.
Having considered the position of both sides the Court sees no reason to depart from the Recommendation made by the Rights Commissioner and accordingly upholds his Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th February, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.