INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
APPLUS T/A NCT
(REPRESENTED BY KATE MCMAHON & ASSOCIATES)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms O'Donnell
1. Expenses & Travel Time claim
2. On the 20 April 2016 the Union referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 4 August 2016.
3. 1. The employee was transferred by the employer from their facility in Kells to Drogheda in 2006 on a six month temporary basis.
2. The transfer was made permanent after the six month period without the agreement of the employee.
3. The employee incurred additional travel costs and a longer working week as a result of the permanent transfer.
4. 1. The employer transferred the employee on a temporary basis from the facility in Drogheda following some workplace difficulties.
2. The employer decided to make the transfer permanent in January 2007. The employee did not sign any agreement and did not raise any issue at that time in relation to this decision.
3. The employer received a request from the employee in October 2011 to transfer back to the facility in Kells. In November 2012 the employee was offered a transfer however refused to sign the contract.
The Court has considered in detail the written and oral submissions of the parties.
The Claimant in this case seeks payment by the Respondent of mileage expenses dating from January 2007 to date from his home to his place of work in Drogheda. In addition the claimant seeks a transfer to the Respondent’s Kells facility.
The Claimant, until 2006, worked in the Respondent’s Kells facility. Due to certain issues on that site the Claimant was transferred on a temporary basis to the Respondent’s Drogheda facility from June of that year. By letter of 26thJune 2006 the Claimant was asked to sign a document agreeing to this transfer. The Claimant did not sign that document. The Claimant does not dispute his temporary transfer in 2006 to Drogheda.
The Claimant was advised by letter in January 2007 that his transfer to Drogheda was being made permanent from that date. The Claimant was asked by letter to sign a document agreeing to that permanent transfer. The Claimant did not sign that document. No complaint arising from these events appears to have been made in the ensuing years.
The Trade Union contacted the Respondent in October 2011 seeking that the Claimant be re-located from Drogheda to Kells. That representation made no issue of the events of January 2007. The Respondent by letter dated 24thNovember 2011 confirmed that the Claimant had been placed ‘on the transfer list’ for Kells.
The Respondent by letter dated 7thNovember 2012 offered the Claimant a transfer to Kells. The Claimant was asked to sign a document agreeing to the transfer and agreeing to the then standard working arrangements applying in Kells. The Claimant did not sign that document and no transfer to Kells took place.
The Respondent, in December 2014, following engagement with the Trade Union made a payment to the Claimant in respect of mileage for the period of June to December 2006.
In all the circumstances of this case the Court cannot find in favour of the Trade Union’s claim. The Court recommends however that the Claimant be facilitated with a transfer to Kells as soon as a suitable vacancy occurs and on the basis that the Claimant agrees to the standard working arrangements applying in Kells.
Signed on behalf of the Labour Court
8 August 2016______________________
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.