FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UDV OPERATIONS IRELAND LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. (A) Benefit of permanency for long-term temporary workers.
(B) Installation of C.C.T.V. cameras.
BACKGROUND:
2. The Company is engaged in the manufacture and bottling of cream liqueurs and spirits such as Baileys, Smirnoff and Sheridans at its site at Nangor Road, Dublin.
The dispute before the Court concerns two claims and are as follows:-
Claim 1
The Union's claim is on behalf of sixteen employees who have temporary service with the Company for permanent status with immediate effect or for additional benefits. The Union states that there are workers on the temporary recall list on site for almost fifty two weeks per year. The Company is not prepared to agree to the Union's demands.
Claim 2
This claim concerns the worker's opposition to the installation of CCTV cameras in the Smirnoff warehouse following incidents of theft of the product.
The Company, on the advice of the Gardai and their insurers, find it necessary to install the cameras to protect its property.
The Union, on behalf of its members, is opposed to the installation of the cameras.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 6th of November, 2001, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th of January, 2002, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
- Benefits of Permanency for Long-Term Temporary workers
3. 1. The workers concerned are denied the benefits associated with permanent status such as:
- Annual Bonus
- Sick Pay entitlement
- Average overtime in holiday pay
- Compassionate leave
2. The long-term temporary workers on the temporary recall list are on site for almost fifty two weeks per year and, therefore, should be entitled to permanent status.
- Installation of CCTV cameras
4. 1. The workers concerned cannot see the need for the installation of CCTV cameras in this area as the product is already secured within locked cages in a designated ten bay area.
2. There is fear among the workers concerned that the Company is using the cameras to monitor their work performance and productivity.
COMPANY'S ARGUMENTS:
- Benefits of Permanency for Long-Term Temporary workers
5. 1. Temporary staff are employed as the need arises and are treated very well. They are covered by an agreement which was revised in 1997.
2. The Union's claim for automatic permanency or for additional benefits for the workers concerned cannot be conceded.
- Installation of CCTV cameras
6. 1. Due to the incidents of theft of the product and on the advice of the Gardai and the Company's insurers, it is necessary to install the cameras in order to protect the property.
2. Assurances have been given to the workers that the cameras will be used for security purposes only and will not be used to monitor work performance or productivity.
RECOMMENDATION:
The Court has considered the written and oral presentation made by the parties and finds as follows:-
Benefits of Permanency for Long-Term Temporary Workers
In line with Labour Court recommendation LCR15771, the Court is satisfied that the Company has acted in accordance with the Company/Union Agreements and, therefore, the Court does not recommend permanency status for the 16 temporary claimants.
However, in examining the Union's claim as presented to the Court and bearing in mind the provisions of the Programme for Prosperity and Fairness, the Court recommends as follows:-
- long-term temporary workers should have an entitlement to be paid for a certain period when
absent due to illness and should have the right to join a pension scheme. Therefore, the Court
recommends that discussions should commence on these issues between the parties.
- the claim for inclusion of overtime payments in holiday pay and the payment of an annual bonus are prohibited as cost increasing claims under the PPF, and are, therefore, not recommended by the Court.
The Court further notes the Company's willingness to allow paid leave on compassionate grounds; this issue should also be discussed between the parties.
The Court also recommends that the Company should re-assure those on the recall list that their position on the list would not be adversely affected by the appointment of the proposed 100 fixed term contracts.
Installation of CCTV
Having considered all aspects of this issue, the Court is of the view that the Company's proposal to install CCTV cameras internally in the warehouse and surrounding areas is reasonable, as the Company should not in any way be prevented from protecting its property, in the manner advised by experts in this field. The Court is mindful of the assurances given by the Company limiting the use of the CCTV.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th February, 2002______________________
G.B/C.C.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.