FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KILKENNY CORPORATION - AND - A. WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR3875/01/GF.
BACKGROUND:
2. The dispute involves a claim by the Union for the application of the "millennium payment" to one of its members. It claims that the worker's duties involves the daily upkeep and care of the cemetery in addition to digging and preparing grave sites as required. This latter job requires at least two operatives.
Management states that the worker concerned was not required to work on those particular days and as such was not entitled to the "millennium payment".
The dispute was the subject of a Rights Commissioners hearing which took place on the 5th June 2001. The following is the Rights Commissioners Recommendation:
"I recommend that the worker be paid the sum of £360 (457.11 Euro) in full and final settlement of this claim".
The Corporation appealed the Recommendation to the Labour Court on the 24th July 2001, in accordance with Section 13 (9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 13th November 2001.
MANAGEMENT'S ARGUMENTS:
3. 1. The worker concerned was not rostered to work those particular days and,
therefore, was not entitled to be paid the "millennium payment".
2. The Corporation had five people on standby for each of the two days in question,
ie 31/12/99 and 1/1/00. The claimant was not one of those on standby.
3. The worker concerned was not on call. He can only be on call if he is asked to
by the Corporation.
UNION'S ARGUMENTS:
4. 1. The worker concerned was on call for the two days required and should be paid the "millennium payment".
2. It would not be possible to have only one person available to dig a grave.
This function requires at least two operatives.
3. Those who held themselves in a state of readiness for work deprived themselves
of the normal social activities for this special occasion.
DECISION:
The Court is satisfied that this dispute arose from a misunderstanding as to the number of cemetery workers who were required to be on standby over the weekend in question.
In the circumstances and having regard to the amount involved the Court does not consider it appropriate to interfere with the Recommendation of the Rights Commissioner. Accordingly, the Recommendation of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
23rd November, 2001______________________
LW/BRDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.