FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Payment of eating-on-site allowance.
BACKGROUND:
2. This dispute arose from the Employer's refusal to pay the Workers an eating-on-site allowance which other colleagues are paid. 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 11th July, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd September, 2014.
UNION'S ARGUMENTS:
3 1 The eating-on-site allowance has been paid for over 35 years.
2 This allowance is paid to other workers at similar locations.
3 The Workers should also be paid this allowance.
EMPLOYER'S ARGUMENTS:
4 1 The eating-on-site allowance is only payable to Workers who meet all the qualifying requirements.
2 The Workers do not qualify for this payment because they have adequate facilities.
3. The Employer is satisfied that it has acted correctly.
RECOMMENDATION:
On a strict interpretation of the relevant agreement it could be cogently argued that the allowance in issue does not apply in this case. However, the agreement is not applied with the same degree of stricture to the vast majority of similarly graded staff who also have access to kitchen facilities.
It is acknowledged that of 185 similarly graded staff, 154 are in receipt of the allowance. There is no material difference in the standard or quality of facilities available to those in receipt of the allowance and those available to the claimants. In these circumstances the position taken by the Council is unsustainable.
The Court recommends that the allowance be paid to the claimants associated with this claim within effect from the date of the conciliation conference, namely 29thNovember 2013.
Signed on behalf of the Labour Court
Kevin Duffy
10th September, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.