FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TECHNICAL, ENGINEERING AND ELECTRICAL UNION - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner Recommendation No: r-113376-ir-11/JC
BACKGROUND:
2. This case concerns an appeal by both parties of Rights Commissioner's Recommendation No: r-113376-ir-11/JC. The issue concerns an employee of the Union who had worked overtime every Tuesday night for many years to facilitate the Union's extended opening hours. Management contends that the overtime ceased in 2010 as a result of financial constraints and a restructuring of the opening hours of the Union and that compensation is not warranted. The worker is claiming that she be compensated in the appropriate way for the loss of overtime.
The matter was referred to a Rights Commissioner for investigation. Her Recommendation issued on 16th February 2012 and recommended that to be fair to all parties as a once off measure, and in full and final settlement of the claim, the claimant be paid €6000 compensation for the loss of earnings.
On the 28th March, 2012 both parties 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 19th June 2012.
WORKER'S ARGUMENTS:
3 1 The overtime was regular and rostered over almost twenty years. The worker is entitled to appropriate compensation for the loss of such overtime.
2 The compensation awarded by the Rights Commissioner is inadequate in the circumstances. The Union is seeking compensation in the amount of €15, 863 which is the actual loss incurred since the cessation of the overtime.
EMPLOYER'S ARGUMENTS:
4 1 It was communicated to the workers that it was necessary for overtime to cease in an attempt to achieve financial savings. The financial difficulties experienced by the Union necessitated sanction for all overtime and this overtime was not sanctioned.
2 The overtime in question was worked at the worker's own volition and was not rostered. In such circumstances compensation for loss of earnings is not appropriate.
DECISION:
The matter before the Court concerns an appeal of a Rights Commissioner’s Recommendation which found in favour of the worker’s claim for compensation for loss of structured overtime. The Rights Commissioner held that in order to reach a compromise that was fair to all concerned she recommended that the worker should be awarded compensation in the amount of €6000. Both the employer and the worker appealed the Recommendation.
Having considered the submissions of both parties the Court concurs with the findings and recommendation of the Rights Commissioner and upholds her decision to award the sum of €6000. The Court recommends that payment should be paid within six weeks of this Decision.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th July 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.