INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
CORK SCHOOL OF MUSIC
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Mr Duffy
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
1. Loss of staff car parking.
2. The Cork School of Music is a constituent School of Cork Institute of Technology (CIT). The School is principally located at premises on Union Quay. The site in question was acquired by the VEC in the 1970's as part of a proposal to extend the School's facilities. The development did not include car parking facilities.
The site has been used as an unofficial car park and has space for approximately 30 staff cars. It is not lined or set out as a car park and entrance is controlled by a chain and lock.
The proposed development of the School did not go ahead in 2001 for a variety of reasons but has now commenced.
The dispute before the Court concerns a claim by the Union on behalf of its members in relation to the loss of car parking facilities.
The issue could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 17th February, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th November, 2005.
3. 1. The demolition of the School of Music on Union Quay has left existing staff without car parking. Some of these staff have worked in the School up to 31 years and have always had parking facilities.
2. If alternative provision for parking is not made by CIT then the cost of parking for staff will considerably reduce their take home pay.
4. 1.The site on Union Quay was acquired to allow for the extension of the School's facilities and it was always known that this was what it was for - building purposes.
2.The provision of car parking facilities for staff was never and is not part of the conditions of employment for any member of staff.
3. The claimants had temporary use of car parking facilities on an unauthorised site which is no longer available.
The Court recognises the unique circumstances of this case in that the Claimants had the facility in issue for approximately 28 years. In that regard the Union's claim has merit.
The Court recommends that each of the claimants be paid €600, or pro rata in the case of job sharers, in full and final settlement of their claim. This Recommendation is made in the unique circumstances of this case and on the basis that it will not be relied upon or quoted as a precedent in any other case.
Signed on behalf of the Labour Court
17th November, 2005______________________
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.