FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ARNOTTS PLC (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR4954/01/TB.
BACKGROUND:
2. The worker has been employed by the Company for the past fourteen years. He is currently employed in the men's shoe department.
The Union claims that the worker had a contract of employment to work a five day week, Monday to Friday. Saturday and Sunday working attracted overtime rates. The Union states that some years ago the worker's contract of employment was changed without agreement. The worker was put on a 5 over 6 day working roster which the Union only became aware of early in 2001. The Union is seeking the payment of overtime for the period the worker's roster was changed.
Management argues that it bought out the overtime in the stock room. It states that the Company offered £250 as a buy-out and this was accepted by five of the six individuals who worked in the area.
The dispute was the subject of a Rights Commissioner's hearing which took place on the 9th October, 2001. The following is the Rights Commissioner's Recommendation:-
"I have concluded that the worker was probably employed in a Saturday working area prior to 1996. The claim for arrears of overtime payment therefore fails.
The Company should confirm its redesignation of the worker as a 5 day employee subject to the usual rules for 5 day working.
He should be paid £250 (€317.43) which is the figure mentioned as having been previously paid to some of his colleagues."
The Union appealed the Recommendation to the Labour Court on the 12th of November, 2001, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 26th of February, 2002.
UNION'S ARGUMENTS:
3. 1. The Company altered the worker's contract of employment without any consultation with the Union.
2. The worker should be paid at overtime rate for any Saturday he has worked since his roster was changed.
3. The Rights Commissioner failed to take into account that SIPTU had not agreed to the change of contract for the worker.
4. The worker should be redesignated to work a five day week Monday to Friday as per his original contract of employment.
COMPANY'S ARGUMENTS:
4. 1. Since 1994, the claimant has worked in the stockroom and was rostered to work 5 over 6 days. He had an obligation to work Saturdays.
2. Prior to 1996, the Company bought out Saturday overtime in the stockroom. Five of the six people working in this area accepted the buy-out.
3. The worker raised his grievance with the Company in February, 2001. As a gesture of goodwill and pending resolution of the dispute, the Company has agreed that he revert to a five day
working week, with overtime rates applying for hours worked on Saturday.
4. The Company accepted the Rights Commissioner's Recommendation.
DECISION:
Having considered the submissions of the parties, the Court believes that the claimant should be maintained on 5 day working - Monday to Friday. Having regard to the fact that the previous arrangement continued without formal objection from 1994 to 2001, and that the claimant only worked a 5 day week in that period, the Court does not consider that the payment of overtime is appropriate.
However, having regard to all the circumstances of the case, the Court considers that the lump sum payment recommended by the Rights Commissioner should be increased to €800, and that this amount should be accepted in full and final settlement of the Union's claim.
The Recommendation of the Rights Commissioner is amended accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
1st March, 2002______________________
LW/BRDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.