Labour Court Database
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File Number: CD93507
Case Number: AD9385
Section / Act: S13(9)
Parties: BOLANDS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
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Subject:
Appeal by the Company against Rights Commisioner's recommendation No. BC197/93 concerning compensation for the relocation of a worker.
Recommendation:
5. Having considered the submissions of the parties, the Court
does not find grounds to alter the Rights Commissioner's
recommendation. Accordingly the Company should pay the claimant
#450.
The Court so decides.
Division: Mr Heffernan Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93507 APPEAL DECISION NO. AD 8593
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: BOLANDS LIMITED
(Represented by the Irish Business and Employers Confederation)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Company against Rights Commisioner's
recommendation No. BC197/93 concerning compensation for the
relocation of a worker.
BACKGROUND:
2. 1. Bolands Mills Limited is located in Ringsend in Dublin
and employs approximately 90 people. On 16th March, 1993, the
administration department for Bolands Mills Limited was moved
from Bolands Mills Limited to Shamrock Foods Limited in
Deansgrange, Co Dublin. In April, 1993, the Union met
management to discus compensation for the worker for moving
from Ringsend to Deansgrange. At a subsequent meeting the
Company offered #200 compensation but this was rejected by the
Union. It was agreed that the worker would move to
Deansgrange and the dispute on the level of compensation would
be referred to a Rights Commissioner.
2. The Rights Commissioner investigated the dispute on the
9th August, 1993 and in his recommendation (No. BC197/93)
issued on the 17th August, 1993 recommended:-
"that Bolands Mills pays the worker the sum of #450
and that this be accepted by her in full and final
settlement of her claim for compensation for
relocation and disturbance".
(The worker was named in the recommendation).
AD 8593
COMPANY'S ARGUMENTS:
3. 1. The Company merged its administration department with
that of another company in the group, in an attempt to
increase its efficiency and reduce overheads
2. The relocation will provide the worker with greater
opportunity for development as it is a bigger department with
greater resources.
3. A payment of #450 to compensate for a change in working
environment is completely out of line given that the
individual has suffered no loss.
UNION'S ARGUMENTS:
4. 1. The worker has worked for the Company in Ringsend for 26
years and the move to Deansgrange has had a greater impact on
her in that she is moving to a totally different environment
and being asked to work with new colleagues in her new
department.
2. Previous settlements in the Company for relocation
varied between #600 and #1200.
3. The worker has co-operated with the move and the changes
required of her such as starting a half an hour earlier at
8.30 a.m.
DECISION:
5. Having considered the submissions of the parties, the Court
does not find grounds to alter the Rights Commissioner's
recommendation. Accordingly the Company should pay the claimant
#450.
The Court so decides.
~
Signed on behalf of the Labour Court
Kevin Heffernan
12th October, 1993 ---------------
P O'C/U.S. Chairman