Labour Court Database __________________________________________________________________________________ File Number: CD94116 Case Number: AD9437 Section / Act: S13(9) Parties: KELLISTOWN CHICKENS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Company against Rights Commissioner's Recommendation BC 468/93.
Recommendation:
The Court having considered the arguments of the parties as made
in their oral and written submissions does not find grounds to
uphold the appeal of the Company and accordingly rejects it.
The Court however, considers the payment of the #3,000 should be
implemented as follows:-
- #1,000 - 30 June 1994
- #1,000 - 31 December 1994
- #1,000 - 30 June 1995
The Rights Commissioner's Recommendation should be amended
accordingly.
The Court so decides.
Division: MrMcGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD94116 APPEAL DECISION NO. AD3794
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
KELLISTOWN CHICKENS LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Company against Rights Commissioner's
Recommendation BC 468/93.
BACKGROUND:
2. 1. The claimant has been employed by the Company for 15
years, as a chargehand in the stores. Up to July, 1992,
this necessitated a working day from 6.00 a.m. until
8.00 p.m. or 9.00 p.m. most nights.
2. A 2 shift system was agreed and introduced in the stores
in July, 1992. As a result, a new wage structure was
introduced in August, 1992. The claimants wage was
increased from #175 to #210 per week and it was agreed
that a review of the new arrangements would take place
in April 1993 to assess the losses of the workers
involved in the new shift.
3. The claimant was paid #5,023 as compensation for losses
incurred. The Union made a claim in August, 1993 that
the worker was entitled to a further #4,500
compensation. The Company made no offer to compensate
the worker and the dispute was referred to the Rights
Commissioners' service.
4. A Rights' Commissioner's investigation took place on
13th December, 1993. The recommendation as follows was
issued on 6th January, 1994.
" In the light of the above my Recommendation is that
sum of #3,000 gross should be paid to the worker.
The payment to be made as follows:-
1st #1,000 to be paid on 31/12/93
2nd #1,000 to be paid on 31/3/94
Final moiety of #1,000 to be paid on 30/6/94.
*The worker was named in the recommendation.
5. By letter dated 15th February, 1994, the Company
appealed the recommendation under Section 13(9) of the
Industrial Relations Act, 1969. The Labour Court heard
the appeal on 29th March, 1994 in Carlow.
COMPANY'S ARGUMENTS:
3. 1. The Company disputes the Rights Commissioner's version
of the facts (details supplied to the Court). It has
been more than fair to the worker who has benefited from
a 20% increase in pay and a compensation payment of
#5,023.
2. The Company has endured continuing losses over the past
few years (details supplied to the Court). Taking
account of these losses, the Company has made a generous
settlement and it should not be asked to incur further
costs.
UNION'S ARGUMENTS:
4. 1. The two shift system and the new wage structure was
agreed on the basis of a review to assess actual losses.
This review took place in August 1993. It was agreed by
the parties that the worker would suffer substantial
losses by the introduction of the new system.
2. Following two meetings with the Company, the Union
assessed the worker's losses at #4,500 while the Company
assessed it at #3,000. The Union, was forced to involve
the Rights Commissioner when the Company refused to make
an offer. In the circumstances, the Union accepts the
Rights Commissioner's recommendation.
DECISION:
The Court having considered the arguments of the parties as made
in their oral and written submissions does not find grounds to
uphold the appeal of the Company and accordingly rejects it.
The Court however, considers the payment of the #3,000 should be
implemented as follows:-
- #1,000 - 30 June 1994
- #1,000 - 31 December 1994
- #1,000 - 30 June 1995
The Rights Commissioner's Recommendation should be amended
accordingly.
The Court so decides.
~
Signed on behalf of the Labour Court
9th May, 1994 Tom McGrath
J.F./M.M. _______________
Deputy Chairman