FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LEITRIM CO. COUNCIL (REPRESENTED BY LGMSB) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Buy out of Allowance
BACKGROUND:
2. This cases concerns a dispute between Leitrim County Council (represented by the LGMSB) and SIPTU in relation to the discontinuance of a 26 hour allowance previously paid as part of pre-modernisation work agreements. The Council's position is that the work for which the allowance was paid now forms part of the Firefighters normal duties and that there are also other firefighters carrying out the same duties and not being paid the allowance. The Unions position is that the allowance should be bought out at twice the annual value for the nine claimants and also for the other two claimants who were not paid the allowance at the time of their appointment.
The dispute was not resolved at local level and was the subject of a number of conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 22nd March 2011 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 17th February, 2012. The following is the Court's Recommendation
RECOMMENDATION:
Having regard to all the circumstances of the case the Court recommends that the Council offer and the Union accepts a buy out of €5000 for each of the nine employees who were actually in receipt of the allowance.
The Court does not recommend any compensation for those who were never in receipt of the allowance.
Signed on behalf of the Labour Court
Kevin Duffy
5th March 2012______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.