FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH TIPPERARY COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-105901-11/MR.
BACKGROUND:
2. This dispute concerns the Council's refusal to pay the Worker the tool allowance. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 15th December, 2011 the Rights Commissioner issued the following Recommendation:-
- "I therefore recommend that [the Worker] and SIPTU should accept that this claim fails."
On the 10th January, 2012 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 9th January, 2012.
UNION'S ARGUMENTS:
3. 1. The previous holder of the Worker's position was paid the tool allowance.
2. The Worker is entitled to the terms and conditions of the position.
3.The Worker should, therefore, be paid the tool allowance.
COUNCIL'S ARGUMENTS:
4. 1.The Worker is not a qualified Craftworker.
2.The payment of a tool allowance is limited to specific Craftworker posts.
3.The Worker has, therefore, no entitlement to the tool allowance.
DECISION:
This is an appeal by a worker of a Rights Commissioner’s Recommendation which against his claim that he should be entitled to the payment of a tool allowance.
The Court notes that in Labour Court Recommendation No:19218 the Court recommended that the existing vacancy should“be filled on this occasion on the same basis as heretofore”.
Consistent with that Recommendation the Court now recommends that the Appellant should be paid the tool allowance, i.e. on the same basis as before.
Accordingly, the Court upholds the appeal and overturns the Rights Commissioner's Recommendation. The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th November, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.