Labour Court Database __________________________________________________________________________________ File Number: CD8981 Case Number: LCR12308 Section / Act: S67 Parties: EUROSNAX INTERNATIONAL LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim by the Union on behalf of a snax cook concerning his demotion.
Recommendation:
5. Having considered the submissions made by the parties, the
Court recommends that the claimant accepts the proposal which
emanated from the conciliation conference and which the Court
notes has been accepted by the Company.
Division: Mr Fitzgerald Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD8981 RECOMMENDATION NO. LCR12308
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: EUROSNAX INTERNATIONAL LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim by the Union on behalf of a snax cook concerning his
demotion.
BACKGROUND:
2. The worker concerned commenced employment with the Company in
1970, and up to 6th February, 1989, had been employed as a cook on
a Fried Pellet Line. This job carried with it a differential of
#7.96 per week. The Company contends that for a considerable
period it has been dissatisfied with the worker's performance and
despite several cautions and warnings his work has failed to
improve. In particular the Company has referred to his frequent
lates and his absenteeism record. In September, 1988, the Company
advised the worker that it was considering what action it would
take in view of a lack of improvement in his performance. On 27th
September, 1988, the Company advised the worker of its intention
to transfer him to general duties with effect from 3rd October,
1988, with the consequent loss of the grade differential. The
Union argued that this action was extreme and urged the Company to
amend its position. The matter was referred to the conciliation
service of the Labour Court on 28th September, 1988. The Company
agreed to defer any action pending the outcome of a conciliation
conference on 9th December, 1988, (an earlier date was cancelled
by the parties). At the conciliation conference, a proposal
emerged whereby the worker would be transferred but his wage rate
would be 'red-circled' for a period of 13 weeks. This proposal
was subsequently unacceptable to the Union and on 8th February,
1989, the issue was referred to the Labour Court for investigation
and recommendation. The Court investigated the dispute on 10th
February, 1989.
UNION'S ARGUMENTS:
3. 1. The worker concerned has been employed by the Company for
19 years. The proposal to remove him from his position and
only red-circle the loss for 13 weeks falls short of a fair
solution.
2. The Company has singled out only the cooking area for
corrective action on absenteeism problems. Other key areas
have not been treated in as harsh a manner. The Company has a
lates and absenteeism procedure which has not been applied in
this case.
3. The Company has referred to dissatisfaction with the
worker's cleaning standards. However, after each final
clean-up, which takes place on a Saturday, the supervisor must
sign a 'snax cooker boil out sheet,' which indicates that
cleaning has been completed to the required standard and this
has been acknowledged by his supervisor, who conducts a number
of tests to determine cleaning standards prior to signing the
'sheet.'
COMPANY'S ARGUMENTS:
4. 1. The Company believes it has given the worker concerned
every opportunity to improve, but despite the warnings he has
continued to prove unsatisfactory. His function was a
critical one within the overall manufacturing process and it
is therefore essential that the person performing the task is
one the Company can rely upon on an on-going basis.
2. The decision to transfer the worker was only taken after
he had been given every opportunity to improve. Indeed, the
decision was even deferred pending the outcome of a
conciliation conference. He has been transferred since the
conciliation conference and the Company has implemented the
proposals emanating from that conference.
RECOMMENDATION:
5. Having considered the submissions made by the parties, the
Court recommends that the claimant accepts the proposal which
emanated from the conciliation conference and which the Court
notes has been accepted by the Company.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
___6th___March,__1989. _______________________
B. O'N. / J. C. Deputy Chairman