FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CO. DONEGAL VOCATIONAL EDUCATION COMMITTEE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Compensation for loss of earnings.
BACKGROUND:
2. This dispute concerns a claim, on behalf of eight school caretakers, for compensation for loss of overtime earning. The Union is seeking compensation for the financial loss to its members while the VEC Management claim that they do not have any funds available to pay any compensation. This dispute 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 19th June, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th October, 2010, the earliest date suitable to the parties.
UNIONS' ARGUMENTS:
3. 1. Some of the Caretakers were awarded their overtime as a means of compensating them for agreeing to transfer to another school thereby increasing their reclaimable travelling expenses.
2. The overtime was regular and rostered and due to its consistency it became for many of the Claimants, part of their core earnings. Compensation is normal in these circumstances and the Union propose that a sum equal to two years loss be awarded.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer was instructed by the Department of Education & Science to reduce its 2009 payroll bill by 3%.
2.The Employer decided to eliminate overtime rather than cut employment levels.
3.The overtime concerned was neither regular nor rostered.
RECOMMENDATION:
The Court has considered the submissions of both parties in this case. The Court recommends that the parties meet and agree the precise number of regular, rostered (not occasional or casual) overtime hours that have been withdrawn from each of the named Claimants and make arrangements for the payment of compensation in the amount of 1.5 times the annual loss incurred to each of them.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
22nd October, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.