Labour Court Database __________________________________________________________________________________ File Number: CD88736 Case Number: LCR12162 Section / Act: S20(1) Parties: HALAL MEAT PACKERS (BALLYHAUNIS) LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Dispute involving members of the Company's clean-up crew regarding a claim for a restoration of a shift-differential and that it be paid at t + 1/5th.
Recommendation:
5. The Court notes that the Company did not respond to the
Court's invitation to attend a hearing of the dispute. Having
considered the submission from the Union, the Court recommends
that the claimants retain the shift allowance of time and one
sixth.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD88736 RECOMMENDATION NO. LCR12162
INDUSTRIAL RELATIONS ACTS 1946 TO 1976
SECTION 20(1)
PARTIES: HALAL MEAT PACKERS (BALLYHAUNIS) LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Dispute involving members of the Company's clean-up crew
regarding a claim for a restoration of a shift-differential and
that it be paid at t + 1/5th.
BACKGROUND:
2. The dispute involved members of the Company's clean-up crew
who used to work from 2 pm to 11pm. They were paid a shift
differential of T + 1/6th up to recently but it was discontinued
by the Company in June of this year. The Union wrote to the
Company on the 13th June seeking both the restoration of and an
increase in the shift differential to t + 1/5th. By letter dated
the 14th June, the Company informed the Union that there had been
a mistake made and that the cleaners had been overpaid a
considerable amount of money. It also said that the cleaners were
not on any shift, day or night and that it was considering ways in
which it could reclaim this overpaid money.
3. Following the failure of a local level meeting on the
2nd September to resolve the issue, the Union referred the matter
to the conciliation service of the Labour Court. As the Company
was unwilling to attend a conciliation conference, the Union
subsequently referred the matter to the Labour Court under Section
20(1) of the Industrial Relations Act, 1969, agreeing beforehand
to be bound by the Court's recommendation. A Court hearing was
held in Castlebar on the 15th November, 1988 (earliest suitable
date) at which the Company did not attend.
UNION'S ARGUMENTS:
4. 1. The hours worked between 2pm and 11pm are normally
regarded as shift-work hours and as such should attract a
shift premium (details supplied to the Court).
2. The Court will note from the information supplied that in
most cases of two cycle shift operation, time + 1/5 is paid.
The two cycle shift is less socially disruptive than the fixed
shift which the claimants work and so they are entitled, at
least, to no less compensation than that conceded to two cycle
shift operations.
RECOMMENDATION:
5. The Court notes that the Company did not respond to the
Court's invitation to attend a hearing of the dispute. Having
considered the submission from the Union, the Court recommends
that the claimants retain the shift allowance of time and one
sixth.
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Signed on behalf of the Labour Court,
Evelyn Owens
___12th___December,__1988. ___________________
D. H. / M. F. Deputy Chairman