INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
KILKENNY COUNTY COUNCIL
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Recommendation IR799/00/GF.
2. The worker concerned was employed by the Council as a Revenue Collector. This is a national grade and employees are paid the national Grade IV salary scale plus an allowance of 17.5% of salary in respect of travel expenses.
On foot of an agreement reached in 1997 between the Council and the Union regarding the reorganisation of the Revenue Collection function, the worker concerned chose to be redeployed from the Revenue Collection area. When this occurs a worker is no longer entitled to the 17.5% but the normal travel and subsistence is payable.
The worker concerned continued to receive the 17.5% in error from the 1st of March, 1998 until the 30th of October, 1999 together with vouched expenses. The Council states that £6,058.65 is now due by the worker concerned.
The Union states that this amount is not due as there was an agreement to review salary and expenses of this worker. This review did not take place.
The issue was not resolved and was referred to a Rights Commissioner for investigation. His recommendation issued on the 15th of May, 2000, as follows:
"On balance I must come to the conclusion that the weight of the evidence
favours the employer's case, and for that reason I believe a sum of money is
However, I accept the Union's argument that a meeting should have taken place to review this arrangement. It clearly did not and I believe both
parties must carry a responsibility for this. Therefore, I recommend that the
amount outstanding be agreed at £4,038.65 and that it be repaid at £80 per
The Council appealed the Recommendation to the Labour Court, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 22nd of August, 2000.
3. 1. When a Revenue Collector redeploys he/she is no longer entitled to the allowance of 17.5% in respect of travel expenses. The worker concerned continued to receive this allowance together with vouched expenses until the 30th of October, 1999.
2. There was no agreement to review the salary and expenses of the worker concerned.
3. An amount of £6,058.65 is now due and should be repaid in accordance with the proposal outlined to the worker concerned i.e. £3,795.43 travel claimed from October 1999 until December 1999 to be retained and the remainder be paid at £100 per month.
4. 1. The agreement was made on the basis that the worker do a one year Diploma Course. However, he actually did a three year Degree Course which ended this year. It had been agreed that a review of his position was to take place at the end of his course. This review has not taken place.
2. All other Revenue Collectors who agreed to move into Estate Management are paid at Grade V level. The worker concerned is still paid at Grade IV level.
3. Vouched expenses are owed to the worker from October 1999 until December 1999 and should be paid by the Council.
4. Any monies due to the Council should be paid by the worker at a rate of £80 per month.
Having considered the submissions of the parties and the additional information provided subsequent to the hearing (which was not made available to the Rights Commissioner), the Court is of the view that the full amount of the overpayment made to the claimant should be recoverable by the County Council.
The Court, therefore, determines that this amount be repaid on the terms recommended by the Rights Commissioner.
The Recommendation of the Rights Commissioner is varied accordingly.
Signed on behalf of the Labour Court
28th September, 2000______________________
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.