FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WESTERN CARE ASSOCIATION (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Payment of travel expenses.
BACKGROUND:
2. This dispute concerns a claim for the payment of travel expenses. 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 28th March, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd October, 2012.
UNION'S ARGUMENTS:
3 1 The Workers accept that travel expenses are not payable for travel to and from their place of work.
2 The Employer required the Workers to travel to a different location 50 km away.
3 The Workers are entitled to travel expenses.
EMPLOYER'S ARGUMENTS:
4 1 The Workers' terms and conditions of employment allow the Employer to vary their place of work.
2 The Employer does not pay travel expenses in respect of travel to and from work.
3. Concession of this claim would have far-reaching financial implications for the Employer.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court finds that the Claimants are entitled to be paid travel allowance in respect of each of the days on which they were required to report for work in Swinford between January 2012 and June 2013 in accordance with the terms of the Travel Expenses Scheme in place in the Association.
Signed on behalf of the Labour Court
Brendan Hayes
29th January, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.