FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1); INDUSTRIAL RELATIONS ACT; 1990 PARTIES : KERRY AGRIBUSINESS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Pay rate.
BACKGROUND:
2. The dispute concerns a worker who commenced employment at the Kerry Group's farm,
mainly located at Abbeydorney, in 1988. He works a 12 day fortnight with every second weekend off. The worker's current salary is £20,446.00 (25,961.06 Euro) per annum. The Union claims that the worker is a farm manager and should be paid a salary of £33,000 (41,901.36 Euro) - £34,000 (43,171.09 Euro) based on his general responsibilities and duties. The Company rejected the claim stating that the worker is a farm operative and, as such, is well remunerated. The dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 22nd of September, 1998. Subsequently, over a period of time, the Industrial Relations Officer explored various options including trying to get the parties to agree to an arbitration process. This was rejected and the dispute was referred to the Labour Court by the Labour Relations Commission on the 6th of October, 2000. The dispute was received in the Court on the 6th of October, 2000. A Court hearing was held in Tralee on the 21st of August, 2001, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The worker's salary is very low and needs to be increased substantially. The Farm Advisory Service states that an experienced farm manager can earn in excess of £30,000 (38,092.14 Euro) plus accomodation plus profit share. There is no accomodation or profit share attached to the post. The farm manager salary scale of the Department of Agriculture Food and Fisheries increases incrementally to £33,821 (42,943.81 Euro).
2. The worker's salary was not agreed between the Union and the Company. It was arbitrarily set by the Company. Branch Managers in the Kerry Group are earning approximately £30,000 (38,092.14 Euro) p.a. while stores managers earn approximately £25,000 (31,743.45 Euro) p.a. The worker is not being treated fairly by the Company. His work can involve night attendance and he also works alternate weekends. In all examples of Company managers' salaries, Sunday work is not included.
COMPANY'S ARGUMENTS:
4. 1. The responsibility for management of the enterprise rests with a designated manager within the Kerry Group. He allocates tasks and responsibilities to the claimant. The manager makes decisions of any significance relating to the management of the farm. He is generally available to the claimant for advice / consultation on any non-routine matter.
2. The current salary of £20,400 (25,902.66 Euro) is a very good one for a position of this nature. Nothing of significance has occurred to substantiate a claim for any increase in salary.
3. The claim is cost increasing and precluded under the Programme for Prosperity and Fairness (PPF). The claimant has received all increases under the PPF.
4. The farm did not make a profit in 2000 and is not likely to do so this year.
RECOMMENDATION:
In their submissions to the Court, there was a disagreement between the parties in relation to the job functions and responsibilities of the claimant. The Company maintain that he was employed as a farm operative under the direction of a farm manager, while the claimant maintains that he was employed as a farm manager. The Court is satisfied that the claimant works under the direction of a farm manager and that his current rate of pay, which is in excess of the Agricultural Workers JLC, reflects the duties and flexibilities required of him.
However, the Court notes that the Company, in an effort to demonstrate goodwill to the claimant during the conciliation process, offered to pay the claimant an additional £1,000 (1269.74 Euro), therefore, the Court recommends that this payment should be made with retrospection to 1st January,1999.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th September,2001______________________
TOD/CC
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.