LCR23127

PARTIES:

DIVISION:

SUBJECT:

Complaint under Section 26(1) of the Industrial Relations Act, 1990

BACKGROUND:

This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 17 February 2025 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on 19 March 2025.

UNION'S ARGUMENTS:

Garda Representative Association

 The Garda Representative Association maintain accept that while that redeployment of Gardaí to front-line duties was essential to maintaining public safety and enforcing public health measures, it placed significant additional burdens on members.

The GRA argue that members should be compensated for travel and subsistence expenses incurred.

The Garda Representative Association contend that the unprecedented nature of the redeployment of members and the extraordinary efforts incurred due to the Covid-19 pandemic warrants a departure from standard procedures.

Association of Garda Sergeants and Inspectors

The Association of Garda Sergeants and Inspectors acknowledge that the Garda Code (Finance) F4.4(11) and F4.4.5, as interpreted in the High Court in Smyth, does state that a member on temporary transfer who returns home at the end of their shift and does not stay in overnight accommodation at the temporary station is only entitled to subsistence for the first and last day of travel plus a 1X12 hours subsistence for the entire period of transfer.

The AGSI argue that members should be compensated for travel and subsistence expenses incurred.

The AGSI submitted that the exceptional circumstances and the justice of the case requires that description is applied, and appropriate allowances should be paid.

EMPLOYER'S ARGUMENTS:

An Garda Síochána maintain that while the circumstances were unprecedented and entailed huge efforts on behalf of all Garda personnel to accommodate the necessary changes to rostering and places of work, such changes were carried out within the parameters of existing practices and the Garda Code.

 An Garda Síochána is of the position that where members are within the 80km range there is no entitlement to travel or mileage, and view the claim by the Associations for the same travel and milage for all members, regardless of incurred distance travelled, as unfair and unequitable.

An Garda Síochána is of the view that as members were on Temporary Transfer from the Garda College, as is agreed by the Associations, they were correctly treated as on Temporary Transfer and entitled to any payments due to them when on Temporary Transfer. An Garda Síochána maintain that has been no contravention of the Garda Code or the Working Time Agreement and therefore no compensation is due.

RECOMMENDATION:

The dispute between the parties relates to a claim by the GRA and AGSI in respect of the temporary transfer of 171 members from the Garda College in Templemore to front line duties in stations around the country in response to the Covid crisis.

 The representative for the Unions read their submissions which highlighted the difficulties these transfers presented for their members. Some members had to travel long journeys from their residences to their temporary station as there were no suitable overnight accommodation available at the time.  The Unions were looking for their members to be paid a daily rate while stationed at their temporary post, mileage for the additional journey and for the additional travel time to be counted as working time. The Union’s also raised an issue in respect of the loss of a pensionable allowance for staff when they were moved from the Garda College.

The Employer submitted that the Workers had been moved to stations as close as possible to their residences and had been paid travel and subsistence in line with the Garda Code which was a Revenue approved scheme.  In respect of the allowance, it was not disputed that they had lost the allowance however, where they were assigned to shifts, they received a shift allowance which was of higher value.

 The Court notes that this issue had been running for nearly five years at this stage with little or no progress. The Employer’s position being that in terms of payments under the travel and subsistence scheme, they could not operate outside the Revenue approved scheme and that was the only claim being pursued by the Unions.

The Court noted that travel to work is not normally classed as working time and queried whether the approved scheme that applied to members of An Garda Siochana provided for payments to be made in respect of a daily commute to a temporary station and was informed that the scheme did not provide for same.

 In circumstances where the Workers affected have been paid in accordance with the existing schemes the Court cannot recommend concession of this claim.

The Court so recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
ÁM	______________________
1st April 2025	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Áine Maunsell, Court Secretary.