Labour Court Database __________________________________________________________________________________ File Number: CD88570 Case Number: LCR12025 Section / Act: S20(1) Parties: THE BODY SHOP - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim, on behalf of five employees at the Company's Henry Street branch, for improvements in pay and conditions of employment.
Recommendation:
4. The Court recommends that in the interest of good industrial
relations, the Company recognise and negotiate with the Union on
the terms and conditions of those workers whom it has organised.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD88570 RECOMMENDATION NO. LCR12025
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: THE BODY SHOP
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim, on behalf of five employees at the Company's Henry
Street branch, for improvements in pay and conditions of
employment.
BACKGROUND:
2. On the 27th April, 1988, the Union wrote to the Company
seeking a meeting to discuss terms and conditions of employment of
five employees in the Henry Street branch who had recently joined
the Union. Following a meeting between the parties on the 12th
May, the Company informed the Union in June that it was not
prepared to discuss these issues with it, preferring instead to
deal with the staff on an individual basis.
On the 14th July, the Union referred the issue 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 on the 1st September, 1988. The Company
did not attend the hearing.
UNION'S ARGUMENTS:
3. 1. The Union requests the Court to recommend that the
Company -
- Bring rates of pay in line with rates being paid elsewhere
in the city centre (details supplied).
- Give 20 days holidays plus Good Friday from the
commencement of employment.
- Make overtime work optional.
- Bring overtime rates in line with overtime rates being
achieved elsewhere in the city centre.
(2T for late night trading
(3T for Sundays and Bank Holidays
(1T1.50 for first four hours and 2T thereafter for days
off).
- Introduce a sick pay scheme. The Union suggests the
scheme agreed between it and the FUE under the Registered
Agreement.
- Pay wages weekly.
- Give part-time staff who work in excess of 18 hours per
week holidays on a pro rata basis.
- That the probation period be reduced to three months.
- Recognise IDATU as being the representative of the five
employees concerned by meeting with them as per normal
industrial relations procedures.
- To enter into a Union/Company agreement with IDATU.
RECOMMENDATION:
4. The Court recommends that in the interest of good industrial
relations, the Company recognise and negotiate with the Union on
the terms and conditions of those workers whom it has organised.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
16th September, 1988 Deputy Chairman.
D.H./J.C.