INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
BUS EIREANN(TRALEE GARAGE)
(REPRESENTED BY AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION)
Chairman: Mr Flood
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Eligibility for compensation.
2. The worker concerned is employed as a Coachmaker by the Company at its Tralee Garage. He commenced employment in 1988 on a Tuesday to Saturday roster. In May, 1997 he was changed to a Monday to Friday roster. It is normal practice for employees in the Tralee Garage to work on a rest day. Prior to May, 1997, the worker concerned received less pay for working on his rest day which was Monday, than other employees who worked a Monday to Friday roster and whose rest day was Saturday.
The issue of premium payment was referred to the Craftworkers Tribunal which was set up to deal with disputes relating to the implementation of the Craftworkers Productivity/Flexibility Agreement, 2002.
The Tribunal recommended that the workers affected should receive €1,000. The worker concerned was not eligible for compensation as he was outside the compensatory period which is November, 1997 until March, 2002 due to the fact that his roster changed in May, 1997.
The Union's claim is to change the compensatory period to include the worker concerned.
The issue was referred to the Labour Court on the 19th of December, 2002, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 1st of April, 2003, the earliest date suitable to the parties.
The worker agreed to be bound by the Court's recommendation.
3. 1. The worker concerned found himself outside the compensatory period due to the fact that his roster was changed in May, 1997. This is an unfair situation as he made all the representations to the Company regarding the issue over the years.
2. The compensatory period should be changed to take into account the worker's situation.
4. 1. The Tuesday to Saturday basic working week for Craftworkers in the Tralee Garage has been in operation for over thirty years and was set up to meet operational requirements.
2. The worker concerned worked the Tuesday to Saturday roster from November, 1988 until May, 1997 and under the Tribunal's recommendation there is no payment due to him.
The Court has been asked by the Union to extend the period of eligibility for compensation as outlined in the Tribunal's recommendation, which was from November, 1997 to March, 2002. This request is to enable the claimant to be included in the compensation figure, as he changed rosters in May, 1997.
The Court is satisfied that the Tribunal when making its recommendation was conscious of the fact that the claimant, who it was perceived had initiated this claim, would not be included in the compensation figure.
This the Court believes was because the Tribunal did not concede the Union's claim for compensation in relation to the method of payment for rostered working but rather recommended a lump sum in recognition of the co-operation given by the employees covered by the period referred to by the Tribunal.
The Court does not believe that it should interfere with the decision of the Tribunal in this case and therefore, rejects the claim.
Signed on behalf of the Labour Court
17th April, 2003______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.