Labour Court Database __________________________________________________________________________________ File Number: CD90593 Case Number: LCR13093 Section / Act: S67 Parties: LAPPLE (IRELAND) LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for payment of retrospection on overtime earnings.
Recommendation:
5. Having considered the submissions made by the parties the
Court does not recommend concession of the Union's claim.
Division: Mr O'Connell Mr Keogh Mr Devine
Text of Document__________________________________________________________________
CD90593 RECOMMENDATION NO. LCR13093
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: LAPPLE (IRELAND) LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for payment of retrospection on overtime
earnings.
BACKGROUND:
2. The Company employs shift workers who operate a three shift
cycle. One of the shifts is from 4 p.m. to midnight. In 1987 a
dispute arose between the parties concerning the overtime rate
payable for work done on that shift after midnight. The Union
claimed that the proper rate is double time. The Company claimed
that the proper rate is time and one half. Overtime payments for
work after midnight had been made at double time but this,
according to the Company, had been done in error. The matter was
referred to the conciliation service of the Labour Court on 17th
November, 1988. Conciliation conferences were held on 26th
November, 1989 and the matter was settled on the basis that the
Company would pay overtime for work after midnight at the double
rate from 4th December, 1989 on the 4 p.m. to midnight shift.
Following this settlement the Union claimed retrospection which
was rejected by the Company and as no agreement on this matter
could be reached it was referred on 12th November, 1990 to the
Labour Court for investigation and recommendation. The Court
investigation was held on 16th November, 1990.
UNION'S ARGUMENTS:
3. 1. As overtime on the 4 p.m. to midnight shift is not a
permanent feature of the shift it is difficult to establish
exactly when payments at double time were made by the Company.
Such payments were made prior to 1987 and if they were made
for a period of three years or more then all overtime worked
after midnight on the relevant shift should be identified and
retrospection paid.
COMPANY'S ARGUMENTS:
4. 1. The Union's claim was settled at conciliation with effect
from 4th December, 1989. There was no question of the Company
conceding retrospection and settlement would not have been
reached on that basis. The Union should comply with the
agreement made at conciliation.
RECOMMENDATION:
5. Having considered the submissions made by the parties the
Court does not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
29th November, 1990 Deputy Chairman.
A.S./J.C.