FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LAOIS COUNTY COUNCIL (REPRESENTED BY LGMA) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Appeal of Rights Commissioner's Recommendation No: r-138404-Ir-13/EH
BACKGROUND:
2. This is an appeal by the worker of Rights Commissioner's Recommendation No: r-138404-Ir-13/EH. The issue concerns compensation for overtime following redeployment. The Union contends that Management miscalculated the appropriate compensation payable to the worker. It claims the worker was paid 8.75 hours of overtime (regular and rostered) per week prior to the redeployment and should have been compensated with the appropriate calculation on that basis (1.5 times the annual loss). Management's position is that it is only the loss of actual overtime that should be compensated and that the worker did carry out other overtime and has been appropriately compensated for the incurred loss.
The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 9th April 2014 and did not find in favour of the workers claim. On the 14th May 2014 the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 21st October 2014.
UNION'S ARGUMENT:
3 1 The worker should have been compensated on the basis of having lost 8.75 hours of regular rostered overtime per week in line with the compensation formula agreed under the Croke Park Agreement.
COMPANY'S ARGUMENT:
4 1 The worker is entitled to be compensated for the loss of regular and rostered overtime in line with the provisions of the Croke Park Agreement. As the worker undertook other overtime, his compensation is calculated on the basis of the actual loss incurred and not based on the perceived loss of 8.75 hours of regular and rostered overtime per week.
DECISION:
Having carefully considered the submissions of both parties to this dispute the Court upholds the Recommendation of the Rights Commissioner and decides accordingly.
Signed on behalf of the Labour Court
Brendan Hayes
14th November 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.