Council in €120k overtime dispute

CLARE County Council faces paying out around €120,000 to 14 workers in compensation for lost overtime.

That is the view of assistant general secretary with IMPACT, Andy Pike who said a Labour Court recommendation concerning IMPACT’s claim was “helpful” to the 14 IMPACT members receiving the monies.

The claim concerns 14 workers at the Council’s Motor Tax Office who are seeking compensation for the loss of overtime earnings brought about by the council decision to reduce the motor tax office’s opening hours.

IMPACT argued before the Labour Court that the overtime was regular and rostered and that the workers have suffered a considerable and ongoing loss and that they should be compensated at 1.5 times the annual loss.

The council stated in an attempt to make savings without impacting service to the public, it sought to replace this paid overtime with time off in lieu. It said workers’ refusal to accept this forced it to eliminate extended opening hours.

The council argued that the overtime was not regular and rostered, so the payment of compensation for its loss is not appropriate.

In its recommendation, the court stated that in several previous recommendations, it established that the withdrawal of regular and rostered overtime should attract compensation.

It stated: “Consequently the core issue for consideration is whether the overtime in issue was regular and rostered or voluntary. While it is accepted that the overtime in issue is regular, there is a sharp disagreement between the parties on whether or not is was rostered.”

The court stated that before it can decide on the claim further, it requires facts “concerning how staff were allocated to work overtime, the degree to which staff could decline to work overtime and the degree of involvement by management in deciding the numbers to be allocated to overtime are established”.

The court states that after the facts have been established, the matter will be referred back to the Labour Court for an early hearing.