FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CHUBB IRELAND - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Non - payment of travel time.
BACKGROUND:
2. This dispute concerns the non-payment of travel time to the Worker. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 22nd April, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st November, 2013.
UNION'S ARGUMENTS:
3 1 The payment of travel time is part of the Worker's terms and conditions of employment.
2 The Worker is the only Engineer who does not get paid travel time.
3 The Worker has suffered considerable financial loss.
COMPANY'S ARGUMENTS:
4 1 The Worker is based in Limerick as per his voluntary move.
2 The Worker is paid travel time as appropriate.
3. The Worker is treated in the same manner as all Engineers.
RECOMMENDATION:
Having considered the submissions of both parties the Court recommends that the Claimant be based in Limerick and paid travel allowances accordingly. The Court further recommends that the Claimant be offered first refusal on the next suitable vacancy that arises in Cork. Finally, in all the circumstances of this case, the Court further recommends that the Company pay the Claimant compensation in the sum of €2,500.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
14th November, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.