FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NEW BOLIDEN TARA MINES - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-136263-ir-13/JW.
BACKGROUND:
2. This dispute concerns the Worker's claim that, in accordance with a long-standing arrangement, he continue to be paid for 10.5 hours although he only works a shift of 9.5 hours. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 1st April, 2014 the Rights Commissioner issued the following Recommendation:-
- "I recommend that the complaint is not well-founded and therefore fails."
On the 23rd April, 2014 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 19th June, 2014.
3. 1. This arrangement came about at the instigation of the Company.
2.This arrangement was unilaterally changed by the Company.
3.This arrangement should be red-circled for the Worker.
COMPANY'S ARGUMENTS:
4. 1.The Company reserves the right to manage its miners.
2.The Worker enjoyed a windfall benefit, the ending of which does not merit compensation.
3.There is, accordingly, no merit to the Worker's claim.
DECISION:
Having carefully considered the submissions of both parties to this dispute the Court upholds the Rights Commissioner's Recommendation in this case.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
23rd July, 2104______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.