FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : STANLEY RACING LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Recognition payment for Euro changeover.
BACKGROUND:
2. The Company operates approximately 50 betting shops in the country and employs approximately 150 workers. The Union's claim is for payment of €317 for workers in recognition of the additional work involved in the Euro changeover, particularly during December, 2001 to January, 2002. The Company has offered vouchers worth €63.50 per person but this was rejected by the Union.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 5th of March, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th of July, 2002, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. Staff not only co-operated fully with the Euro changeover but showed initiative by operating Bureau de Change in shops, thereby lessening mistakes (details supplied to the Court).
2. The Company claims that it pays higher rates than other bookmakers but it now refuses to pay the €317 awarded by another bookmaker to its staff for the changeover.
3. Staff received very little training and some of them had to work outside of normal hours.
COMPANY'S ARGUMENTS:
4. 1. Clause 1 of the Programme for Prosperity and Fairness (PPF) commits the parties to"full and ongoing co-operation with change and the need for continued adaptation..."The claim is cost increasing and is debarred by Clause 11 of the PPF.
2.The Euro changeover affected everyone. It was not a Company initiative. There was no substantial increase in work during the changeover to justify a compensation or recognition reward.
3. The Company has bonus and incentive schemes that are unique to it and are not matched in other firms.
RECOMMENDATION:
The Court has carefully considered the submissions of the parties. Having regard to all the circumstances of the case, the Court does not accept that the inconvenience suffered by the claimants in the Euro changeover was of such an exceptional degree as to warrant the payment of compensation in the amount claimed.
Accordingly, the court recommends that the employers offer be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
2nd August, 2002______________________
CO'N/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.