Labour Court Database __________________________________________________________________________________ File Number: CD94206 Case Number: LCR14461 Section / Act: S26(1) Parties: PENNEYS LIMITED - and - MANDATE |
Dispute concerning a claim for compensation arising from the Company's plan to introduce new cash registers in its Mary Street Store.
Recommendation:
The Court has considered the submissions of the parties and the
oral evidence presented at the hearing. The Court notes that
while the new cash registers may be more advanced than the
existing ones, they do not impose any significant work-load or
responsibility on the operators. It is also noted that these
registers are already in use in 16 other Pennys stores and were
introduced without any specific payments.
3. LCR14461
In the circumstances and having regard to the annual productivity
bonus which is paid and to the trading position of the store which
has already given rise to a number of redundancies, the Court does
not find grounds to recommend any special payment in respect of
the introduction of the new cash registers. Neither does the
Court find grounds in this case to recommend , as requested by the
Union, "that the parties enter into central discussions on
technology as part of an overall agenda on Clause 3 of P.E.S.P".
Division: Mr Heffernan Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94206 RECOMMENDATION NO LCR14461
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: PENNEYS LIMITED
AND
MANDATE
SUBJECT:
1. Dispute concerning a claim for compensation arising from the
Company's plan to introduce new cash registers in its Mary Street
Store.
BACKGROUND:
2. 1. Penneys Ltd., operates a large chain of fashion/drapery
shops throughout Ireland and is part of the International
Associate British Foods Group which also operates Quinnsworth,
Crazy Prices, Stewards, Brown Thomas and Switzers among other
companies in Ireland. The dispute centres around the
introduction of new technology in the form of new cash
registers in the Mary Street Store. Local discussions failed
to resolve the issue and it was referred to the Labour
Relations Commission. Conciliation conferences were held on
the 8th March, 1993 and the 24th September, 1993. Agreement
could not be reached and the dispute was referred by the
Labour Relations Commission to the Labour Court on the 11th
April, 1994. The Court investigated the matter on the 26th
April, 1994.
UNION'S ARGUMENTS:
3. 1. The Union recognises in principle that technological
change and development is a part of the retail sector. The
Union is prepared to negotiate on the introduction of new
technology.
2. LCR14461
2. The Union has not given Penneys an open ended agreement
on the introduction of new technology.
3. There are many concerns in relation to technology in the
retail sector. There are the questions of staffing level
requirements and health and safety issues to be considered.
4. The new registers will contain a "swipe system" for
validation of credit cards. Currently the responsibility for
such validation is with the supervisory staff.
5. There are significant productivity considerations which
have not been adequately addressed to date. The Union is
prepared to discuss this new technology in conjunction with
Clause 3 of the Programme for Economic and Social Progress.
COMPANY'S ARGUMENTS:
4. 1. The Company applies a productivity bonus of two weeks'
pay, payable to all staff in December of each year. This
bonus is paid in return for full co-operation of staff now and
in the future in relation to duties assigned to them and on
the basis of their acceptance, implementation and operation of
new and improved systems required to meet the demands of the
business.
2. The same cash registers have been introduced into 17
other Penneys stores in Ireland without any compensation being
paid to staff.
3. Compensation for the introduction of new cash registers
is not a feature in the trade.
RECOMMENDATION:
The Court has considered the submissions of the parties and the
oral evidence presented at the hearing. The Court notes that
while the new cash registers may be more advanced than the
existing ones, they do not impose any significant work-load or
responsibility on the operators. It is also noted that these
registers are already in use in 16 other Pennys stores and were
introduced without any specific payments.
3. LCR14461
In the circumstances and having regard to the annual productivity
bonus which is paid and to the trading position of the store which
has already given rise to a number of redundancies, the Court does
not find grounds to recommend any special payment in respect of
the introduction of the new cash registers. Neither does the
Court find grounds in this case to recommend , as requested by the
Union, "that the parties enter into central discussions on
technology as part of an overall agenda on Clause 3 of P.E.S.P".
~
Signed on behalf of the Labour Court
3rd June, 1994. Kevin Heffernan
P.O'C/U.S. ----------------
Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.