Labour Court Database __________________________________________________________________________________ File Number: CD88912 Case Number: AD896 Section / Act: S13(9) Parties: MITSUI DENMAN (IRELAND) LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Appeal by the worker against Rights Commissioner's Recommendation No. ST424/88 concerning a claim for compensation for loss of earnings as a result of a re-organisation within the Company.
Recommendation:
10. In view of the terms of the action and corrective plan as
agreed between the Company and the Unions, the Court can find no
grounds upon which it could recommend compensation. The Court
therefore upholds the Rights Commissioners recommendation insofar
as the question of compensation is concerned.
It appears to the Court however, having regard to subsequent
events and to the Companys comments at the hearing regarding the
workers potential, that the concluding sentence of the Rights
Commissioners recommendation is no longer relevant and should be
deleted.
The Court so decides.
Division: Ms Owens Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD88912 APPEAL DECISION NO. AD689
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: MITSUI DENMAN (IRELAND) LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Appeal by the worker against Rights Commissioner's
Recommendation No. ST424/88 concerning a claim for compensation
for loss of earnings as a result of a re-organisation within the
Company.
BACKGROUND:
2. The Company is owned by Mitsui Mining & Smelting Company
Limited, Mitsui & Company Limited (both Japanese) and the
Department of Finance. The Company commenced production in 1976
and its product electrolytic manganese dioxide is exported
worldwide to dry battery manufacturers.
3. Towards the end of 1986 the Company circulated the group of
unions with a document titled "Consolidating Operations" which
outlined the severe difficulties which the Company was facing in
the market place. Over the following two months the Company
examined all aspects of its production operation and prepared an
"action and corrective plan" in February, 1987. This plan was
circulated to all of its employees as well as being discussed with
the Union and shop stewards.
4. The plan dealt with various cost saving measures including the
question of revised manning levels and changes in work practices
and method of compensation to cover all losses sustained by
workers as result of the changes. The changes outlined in the
plan were implemented from April, 1987.
5. The worker concerned commenced employment with the Company in
1979 and worked as a cell re-arranger in the electrolysis
department. As a result of the rationalisation programme the
worker applied for redundancy. He subsequently withdrew his
application and the Company accepted. However the job he was
interested in was filled by another person as his application for
redundancy was current. He was assigned to the pack out area for
a short while and then to the warehouse area where he is presently
employed. As a result the worker lost his shift premium of 20%
and dropped from grade 2 to grade 3 resulting in a loss of
earnings of #44 a week.
6. The Union referred his case to a Rights Commissioner who
issued the following recommendation dated 6th September, 1988:-
"The claimant has suffered losses of #44 per week. However,
he had the option of leaving and decided of his own volition
to stay.
The wage deal accepted by the workers date 23/3/1987 clearly
commits him to the present regime. If he wishes to
reactivate his redundancy application I recommend that the
Company accommodate him."
7. The Union appealed this recommendation to the Labour Court
under Section 13(9) of the Industrial Relations Act, 1969. The
Court heard the appeal in Cork on 11th January, 1989.
UNION'S ARGUMENTS:
8. 1. The worker concerned enjoyed a standard of living way in
excess of what he now has. He has dropped down from grade 2
to grade 3 and lost a shift differential of 20%.
COMPANY'S ARGUMENTS:
9. 1. The changes and final settlements were the subject of
detailed discussions between all the parties concerned with
the assistance of the conciliation service of the Labour Court
(details supplied to the Court). The workers were informed at
all times of developments during the course of these
negotiations. The final settlement plan was accepted by all
the unions and the workers concerned.
2. The worker has received the agreed monetary terms of the
Company's action and corrective plan which were designed to
deal with a total change in Company operations.
DECISION:
10. In view of the terms of the action and corrective plan as
agreed between the Company and the Unions, the Court can find no
grounds upon which it could recommend compensation. The Court
therefore upholds the Rights Commissioners recommendation insofar
as the question of compensation is concerned.
It appears to the Court however, having regard to subsequent
events and to the Companys comments at the hearing regarding the
workers potential, that the concluding sentence of the Rights
Commissioners recommendation is no longer relevant and should be
deleted.
The Court so decides.
~
Signed on behalf of the Labour Court
Evelyn Owens
_________________________
31st January, 1989 Deputy Chairman.
M.D./J.C.