Labour Court Database __________________________________________________________________________________ File Number: CD94110 Case Number: LCR14399 Section / Act: S26(1) Parties: COMER INTERNATIONAL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Clarification of LCR14300.
Recommendation:
The Court has fully considered the issues of clarification raised
and the views expressed by both parties, and gives below the
clarifications as requested.
1. Redundancies
The Court is fully conscious of the problems created by
redundancy in the present employment situation. In arriving
at its recommendation the Court considered all of the issues
raised and the current constraints on the Company. The
Company had indicated the extent of the redundancies
necessary and the possibility of these being reduced. The
lower number was dependent on investment in a new area.
In this context the Court would ask the parties to seek to
maximise job retention and thereby endeavour to keep
redundancies necessary to a minimum.
2. Redundancy Terms
The Court recommended that the offer of the Company be
increased to 3 weeks pay per year of service inclusive of
statutory entitlement.
3. Bonus
It was clear to the Court that the Werner proposals were
intended to restore performance levels to those envisaged
under the bonus scheme. The Court recognises that strict
application of performance to bonus levels would have the
effect of reducing bonus payments which for historical
reasons have become inflated. It was not the intention of
the Court that changes in the bonus scheme would result in a
loss of earnings.
The Court anticipated the parties would in discussion agree
arrangements to enable a smooth transition to the new
situation. To assist the parties the Court proposes that the
present payment of bonus of #58.20 at 100% Performance should
continue to be paid until increases in the basic rate of pay
bring the bonus achievement of 1/3 of basic pay into line.
4. Review
The intention of the recommendation was that the proposals
would be introduced and monitored over a period of six
months, the parties during that period making such changes as
may be necessary to ensure effective operation and reviewing
the operation at the end of the trial period.
5. Werner Proposals
The proposals should be explained to employees as was
proposed by the Company.
6. Trade Union Claims
It was not the intention of the Court that these claims would
form part of the review. The Union is free to raise such
claims as it considers appropriate, subject to the provisions
of any agreements which may be in force.
Trusting the above clarifies the Courts intentions in respect of
LCR14300 and that this can now be accepted and implemented by the
parties.
Division: MrMcGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94110 RECOMMENDATION NO. LCR14399
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
COMER INTERNATIONAL
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Clarification of LCR14300.
BACKGROUND:
2. The Court investigated the above matter on 28th February,
1994.
RECOMMENDATION:
The Court has fully considered the issues of clarification raised
and the views expressed by both parties, and gives below the
clarifications as requested.
1. Redundancies
The Court is fully conscious of the problems created by
redundancy in the present employment situation. In arriving
at its recommendation the Court considered all of the issues
raised and the current constraints on the Company. The
Company had indicated the extent of the redundancies
necessary and the possibility of these being reduced. The
lower number was dependent on investment in a new area.
In this context the Court would ask the parties to seek to
maximise job retention and thereby endeavour to keep
redundancies necessary to a minimum.
2. Redundancy Terms
The Court recommended that the offer of the Company be
increased to 3 weeks pay per year of service inclusive of
statutory entitlement.
3. Bonus
It was clear to the Court that the Werner proposals were
intended to restore performance levels to those envisaged
under the bonus scheme. The Court recognises that strict
application of performance to bonus levels would have the
effect of reducing bonus payments which for historical
reasons have become inflated. It was not the intention of
the Court that changes in the bonus scheme would result in a
loss of earnings.
The Court anticipated the parties would in discussion agree
arrangements to enable a smooth transition to the new
situation. To assist the parties the Court proposes that the
present payment of bonus of #58.20 at 100% Performance should
continue to be paid until increases in the basic rate of pay
bring the bonus achievement of 1/3 of basic pay into line.
4. Review
The intention of the recommendation was that the proposals
would be introduced and monitored over a period of six
months, the parties during that period making such changes as
may be necessary to ensure effective operation and reviewing
the operation at the end of the trial period.
5. Werner Proposals
The proposals should be explained to employees as was
proposed by the Company.
6. Trade Union Claims
It was not the intention of the Court that these claims would
form part of the review. The Union is free to raise such
claims as it considers appropriate, subject to the provisions
of any agreements which may be in force.
Trusting the above clarifies the Courts intentions in respect of
LCR14300 and that this can now be accepted and implemented by the
parties.
~
Signed on behalf of the Labour Court
12th April, 1994 Tom McGrath
F.B./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.