Labour Court Database __________________________________________________________________________________ File Number: CD89435 Case Number: LCR12574 Section / Act: S67 Parties: WELLMAN INTERNATIONAL LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union for the application of the terms of Labour Court Recommendation No. L.C.R. 12160 to workers on long term sick leave.
Recommendation:
7. Having considered the submissions of the parties the Court
recommends that the workers concerned be granted the payment in
question six weeks after they have returned to active work.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD89435 RECOMMENDATION NO. LCR12574
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WELLMAN INTERNATIONAL LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union for the application of the terms of Labour
Court Recommendation No. L.C.R. 12160 to workers on long term sick
leave.
BACKGROUND:
2. Labour Court Recommendation No. L.C.R. 12160 recommended that
a once off lump sum of #1,200 be paid to workers in return for
manning changes and the introduction of new technology.
3. The Company subsequently paid the lump sum to its workforce
with the exception of eight workers who were absent on long term
sick leave. The workers in question have absences ranging from
two years to seven and a half years.
4. The Union claimed that these workers should be included in the
lump sum payments. The Company rejected the claim and the matter
was referred to the conciliation service of the Labour Court on
3rd February, 1989. A conciliation conference was held on 21st
March, 1989. As no agreement was reached the dispute was referred
to the Labour Court on 6th June, 1989 for investigation and
recommendation. A Court hearing was held in Cavan on 31st August,
1989.
UNION'S ARGUMENTS:
5. 1. The workers concerned are the only workers who did not
receive the lump sum payment. Under the provisions of the
Permanent Health Insurance Plan they remain employees of the
Company until they return to work, reach retirement age or
die.
2. The Company's submission on the occasion of both
investigations which led to the issue of L.C.R. No. 12160
stated that its proposal on lump sum compensation applied to
its employees and all members of the Union. As all the
workers qualify under both headings there is no reason why
they should not receive the lump sum payment.
3. Neither the Labour Court Recommendation nor the Company
made any stipulation that the employees had to be actively at
work in order to receive compensation.
COMPANY'S ARGUMENTS:
6. 1. The compensation was made to employees who were actively
at work and who would encounter some or all of the changes to
be implemented.
2. The workers concerned, because of their absences, have not
been affected by the changes and therefore in the Company's
view compensation should not be paid.
RECOMMENDATION:
7. Having considered the submissions of the parties the Court
recommends that the workers concerned be granted the payment in
question six weeks after they have returned to active work.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
27th September, 1989. Deputy Chairman
M.D./J.C.