INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
TRADE UNION COUNCIL LEARNING ADVICE NETWORK
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr McGee
Employer Member: Mr Murphy
Worker Member: Mr Nash
1. Appeal against Rights Commissioner's Recommendation r-031341-ir-04/TB
2. The case before the Court concerns an appeal by the Union of Rights Commissioner's Recommendation r-031341-ir-04/TB. The Union is not appealing the Recommendaion of the Rights Commissioner as such but rather the fact that it has not been implemented by the employer. The dispute concerns a tutor employed by the Trade Union Council Learning Advice Network (T.U.C.L.A.N.) which is a company set up to provide training to manual and semi skilled workers. The tutor was contracted for 18 hours per week at salary of €14,000 but as there was no Project Manager on the course in Sligo, the tutor worked in excess of his contracted hours.
The Union is claiming that the tutor be paid €7,000 for the additional hours he worked while on the project.
The Employer contends that although the additional hours were worked by the tutor, the Funder of the project would only allow payment for the contracted hours. Any hours in excess of the contract would not be paid, nor could the additional costs of the claim be sustained by the organisation.
The matter was referred to a Rights Commissioner for investigation and Recommendation. His Recommendation issued on the 25th May, 2005, as follows:
"Both parties appear to accept that the non-contract work, preparation etc was greater in the case of the claimant than in the case of any other tutor.
It appears to be accepted that the average hours worked were 27 per week and not 18.
I recommend that the claimant be paid the €7000 claimed in respect of these additional hours."
On the 29th June 2005, the Union appealed the non-implementation of the Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act,1969. A Labour Court Hearing took place on 8th March 2006.
3. 1. The tutor involved in the claim, although only contracted to work 18 hours per week, continually worked hours in excess of his contract. This was necessitated by the absence of a Project Manager on the relevant project in Sligo.
2. All other tutors that were involved in projects at other locations were contracted for 18 hours and were paid for 18 hours. There was no need for additional work to be carried out on those projects.
4. 1. The organisation cannot afford to pay the additonal costs associated with this claim. Funding for these projects was provided by ADM/Combat Poverty but payments were only sanctioned for contracted hours. T.U.C.L.A.N. is currently being wound up and may well need to go into voluntary liquidation in the near future.
2. It is accepted that the tutor worked the additional hours but he did this of his own accord. He was never asked nor expected to work outside the contracted hours of 18 per week.
Given the fact that the only appeal before the Court is one by the Union for non-implementation of the Rights Commissioner's Recommendation, and that T.U.C.L.A.N. has not appealed the Recommendation, the Court accordingly upholds the appeal and decides that the Rights Commissioner's Recommendation should be implemented.
Signed on behalf of the Labour Court
31st March 2006______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.