Labour Court recommends Iarnrod Eireann not apply 15% mitigation factor

The Labour Court recommended that Iarnrod Eireann not offset compensation for three Ultrasonic Tester Supervisors' lost overtime earnings by a 15% mitigation factor. The recommendation was dated 22 December 2003. Transport Salaried Staffs' Association argued the factor had not been agreed and was not used in comparable productivity deals. Iarnrod Eireann said the first 15% reduction in hours was already accounted for in the deal, and removing the factor could mean paying twice for productivity gains. The Court found the deal did not specifically refer to mitigation and recommended that the compensation formula should not be offset by the factor.