Labour Court Database __________________________________________________________________________________ File Number: CD92572 Case Number: LCR13849 Section / Act: S20(1) Parties: FORREST PRINT AND STATIONERY LIMITED - and - A WORKER;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Compensation for loss of earnings.
Recommendation:
5. Having considered the submissions from the parties, the Court
is of the view that the Company's offer to pay the full amount due
under National Wage Agreements should be accepted by the Union in
settlement of its claim.
The Court so recommends.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD92572 RECOMMENDATION NO. LCR13849
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: FORREST PRINT AND STATIONERY LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
SUBJECT:
1. Compensation for loss of earnings.
BACKGROUND:
2. The worker was engaged by the Company in December, 1980 as a
sales representative. His employment with the Company was
terminated on Friday the 17th of August, 1990. The Union claims
that the worker received no basic pay increase from 1985 until the
termination of his employment. On several occasions it attempted
to have the matter addressed by the Company. The dispute was
referred to the Labour Relations Commission in May, 1990 and a
conciliation conference was arranged, but the Company failed to
attend. Another conciliation conference was scheduled to take
place on the 28th of November, 1990, which the Company attended.
The Union did not attend, apparently due to a misunderstanding, or
breakdown in communications.
The dispute was referred to the Labour Court in September, 1992,
under Section 20(1) of the Industrial Relations Act, 1969, and the
Court investigated the dispute in Cork, on the 22nd October, 1992.
UNION'S/WORKER'S ARGUMENTS:
3. 1. The Company paid all increases negotiated between the Cork
Master Printers' Association and the Unions, to other workers,
yet failed to pay the increases to this worker.
2. The Company has taken every opportunity to frustrate the
worker's claim, a claim that is a fundamental right, since the
introduction of National Pay Awards.
COMPANY'S ARGUMENTS:
4. 1. The Company agree that certain increases due to the worker
under the Programme for National Recovery were not applied,
and is prepared to pay the worker in respect of loss of
earnings between January, 1988 and September, 1990.
2. Agreed printing rates between the Cork Master Printers
Association and various Trade Unions only extend to general
operatives and print crafts workers. The worker concerned was
a professional salesman.
RECOMMENDATION:
5. Having considered the submissions from the parties, the Court
is of the view that the Company's offer to pay the full amount due
under National Wage Agreements should be accepted by the Union in
settlement of its claim.
The Court so recommends.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________
13th November, 1992. Deputy Chairman.
M.K./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.