FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CASTLEBAR TOWN COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Compensation for loss of earnings.
BACKGROUND:
2. This dispute concerns the Worker's claim for compensation for loss of overtime. The Worker referred this case to the Labour Court on the 28th August, 2012, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 22nd March, 2013.
UNION'S ARGUMENTS:
3. 1.The Worker did regular and rostered overtime for several years.
2.The cessation of this overtime resulted in a significant loss of earnings for the Worker.
3.The Worker should be compensated in accordance with the terms of the Public Sector Agreement2010 - 2014.
EMPLOYER'S ARGUMENTS:
4. 1.The overtime ceased due to the decision of a third party.
2.The Employer cannot afford to concede this claim.
3.Concession of this claim will inevitably lead to further identical claims.
RECOMMENDATION:
The matter before the Court under Section 20(1) of the Industrial Relations Act, 1969 concerns a claim by the Union on behalf of a worker for compensation for loss of regular and rostered overtime due to the loss of car parking facilities in Castlebar town in January 2010.
The Union submitted that this change had given rise to a weekly loss of nine hours overtime for those affected and it sought compensation in line with the terms of the Public Sector Agreement 2010 – 2014.
The Council accepted that the worker’s overtime has been reduced by nine hours and accepted that this overtime had been operated on a regular and rostered basis for many years before the change took place in January 2010.
Having considered the submissions of both parties the Court recommends that the loss of nine hours regular and rostered overtime should be compensated for by application of the formula agreed in association with the Public Sector Agreement 2010 – 2014.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th May, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.