FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NOONAN SERVICES GROUP LIMITED (REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRELAND) LIMITED) - AND - A WORKER (REPRESENTED BY RICHARD GROGAN & ASSOCIATES, SOLICITORS) DIVISION : Chairman: Mr Foley Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer's Decision No: ADJ-00003211.
BACKGROUND:
2. This dispute concerns a claim that the Employee in this case be paid for travel time. The dispute was referred to an Adjudication Officer for investigation and decision. On 2 March 2017 the Adjudication Officer issued her Decision and on 8 March 2017 the Employee appealed the Adjudication Officer's Decision to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 19 April 2016.
EMPLOYEE’S ARGUMENTS:
3. 1. The Employee should be paid for travel time between sites.
EMPLOYER’S ARGUMENTS:
4.1. The Employee was offered work on additional sites at different locations to the site on which she had been working in order to increase her earnings. She was under no obligation to take on this additional work but did so for her own reasons.
DECISION:
The Court has carefully considered the written and oral submissions of the parties.
The parties have confirmed to the Court that the matter before the Court has the potential to affect the terms and conditions of employment of workers not represented before the Court. This is a matter of concern to the Court.
The parties have acknowledged, albeit that they disagree as to what degree, that matters involving the same parties which are currently the subject of appeal to the High Court could, when concluded, have an impact on the industrial relations matter before the Court in the within appeal.
The Court recommends, in the interest of good industrial relations, that the parties should engage directly to consider their industrial relations trade dispute as soon as matters before the High Court have concluded themselves.
The Court so decides.
Signed on behalf of the Labour Court
Kevin Foley
24 April 2017______________________
MNChairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Neville, Court Secretary.