Labour Court Database __________________________________________________________________________________ File Number: CD95165 Case Number: LCR14779 Section / Act: S26(1) Parties: BORD NA MONA - and - I.C.T.U. GROUP OF UNIONS |
'Cessor' pay for seasonals.
Recommendation:
The Court, having considered the written and oral submissions of
the parties, recommends that management's offer of "guaranteeing 5
days' cessor pay to all seasonals at a fixed rate of #200 in total
for 1994" be amended, to increase the fixed rate to #300.
Division: Mr Flood Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95165 RECOMMENDATION NO. LCR14779
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BORD NA MONA
AND
I.C.T.U. GROUP OF UNIONS
SUBJECT:
1. 'Cessor' pay for seasonals.
BACKGROUND:
2. The Company employs up to 550 seasonal workers during the
production season, generally spanning the period from May to
late August. As part of an overall Company/Union agreement
in 1989, seasonal employees were guaranteed a minimum of 18
hours' work per week for 13 weeks. Under the old system
seasonals would normally expect to work a 40 hour week for
the 3 months worked which would qualify then for 3 days'
holiday pay ('cessor pay').
However, under the new system, such levels of work have not
been constant (particularly in light of recent wet Summers).
As a consequence, the holiday-pay entitlement has fallen due
to fewer hours being worked through the three months.
The issue was the subject of two conciliation conferences
under the auspices of the Labour Relations Commission, on the
27th of July and the 17th of November, 1994. The Unions
maintain that as #200 per head was allocated to 'cessor pay'
in the budget, this should be paid irrespective of hours
worked. The Unions also maintain that the Company should
average out the number of hours worked over the period for
the calculation of cessor pay, rather than treating each
month in isolation. The Company claims that the seasonals'
overall position has improved since 1989 (no lay-offs/fall-
back guarantee). The Company also argues that it is
complying with the Company/Union agreement and the Holidays
(Employees) Act, 1973.
The dispute was referred to the Labour Court, on the 27th of
February, 1995, in accordance with Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated the
dispute, in Tullamore, on the 16th of May, 1995.
UNIONS' ARGUMENTS:
3. 1. The present provision for annual leave payment to
seasonal workers is unfair and unsatisfactory and, as
operating, unreasonably deprives them of a condition of
employment which it was not intended to interfere with
when the changes were introduced in 1989.
2. The solution proposed by the Unions simply provides for
the payment of annual leave to seasonals in accordance
with their traditional entitlement and the Company
agreement.
3. The Unions' claim is consistent with Section 3(3) of the
Holidays (Employees) Act, 1973 which provides for
averaging hours on an annual basis for the purpose of
determining entitlement to annual leave. It is also
supported by Section 3(7) which provides that "wet time
shall be taken to be hours worked up to a maximum, in
the case of sub section (3), of 480 hours in the leave
year or in the case of previous paragraph, 40 hours in
the month". Lay-offs during the Bord na Mona season are
exclusively caused by wet weather conditions.
COMPANY'S ARGUMENTS:
4. 1. The Company currently applies the qualification
conditions of the Holidays (Employees) Act, 1973, to
seasonal employees in the same way as to all other
employees.
2. Seasonal employees continue to receive their full leave
entitlements in accordance with legislation and internal
Company/Union agreements.
3. Concession of the Unions' claim would give rise to cost-
increases. The Company's proposal (details supplied) to
deal with the claim is reasonable in all the
circumstances.
RECOMMENDATION:
The Court, having considered the written and oral submissions of
the parties, recommends that management's offer of "guaranteeing 5
days' cessor pay to all seasonals at a fixed rate of #200 in total
for 1994" be amended, to increase the fixed rate to #300.
~
Signed on behalf of the Labour Court
29th May, 1995 Finbarr Flood
M.K./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.