FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THOMAS CORRY LTD T/A CORRYS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR5442/01/GF.
BACKGROUND:
2. The Company are engaged in the wholesale distribution of ironmongery tools, garden products and general hardware. The claimant has been employed by the Company since 1969. The Union states that this dispute arose in May, 2000, when management requested the worker to carry out credit invoicing duties, which were in addition to his normal workload. It claims that this work is proper to the accounts department.
Management rejected the Union's claim. It states that credit sales invoicing is an integral part of the role of a Customer Service Representative. The Company claims that the flexibility required in relation to invoicing was pre-agreed in the context of the 1999 Customer Service Agreement, which the claimant was a party to, and a beneficiary of.
The dispute was the subject of a Rights Commissioner's hearing which took place on the 22nd of January, 2002. The following is the Rights Commissioner's recommendation:-
"I am satisfied the Company/Union agreement is designed to cover invoicing both cash and credit sales. A problem has arisen regarding the performance of these duties while carrying out the normal functions of a customer service representative - both of the claimants feel a period of 2 hours per day should be allocated to do the work satisfactorily - therefore, I am recommending that the possibility of creating an "Invoicing Space/Period" be examined by the Company and the Union under the terms of the current agreement."
The Union appealed the recommendation to the Labour Court on the 21st of February, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court investigated the dispute on the 9th of May, 2002.
UNION'S ARGUMENTS:
3. 1. The worker is being asked to take on additional work without any additional reward.
2. Credit invoicing was always part of the Customer Accounts Section.
3. Credit invoicing was not part of the Company/Union agreement.
4. The workers at the Company, including the claimant, have given and cooperated over and above what can be reasonably expected from any employee.
5. The worker is willing to resume his working day to accommodate credit invoicing, but considers some payment is merited.
COMPANY'S ARGUMENTS:
4. 1. Credit invoicing is part of a Company/Union agreement. This position was upheld by the Rights Commissioner.
2. The principle of invoicing is established by the fact that the claimant has no problem with cash sales.
3. There is no difference in the method of invoicing for a cash and credit sale. Management cannot understand the claimant's objection.
4. Clause 1 of the pay terms of the Programme for Prosperity and Fairness (P.P.F.) commits the parties to "full and ongoing cooperation with change and the need for continued adaptation and flexibility to maintain and improve competitiveness."
5. Any concession of this claim would lead to knock-on claims from other sections.
DECISION:
The Court has considered carefully the submissions of the parties in this case.
The Court agrees with the findings made by the Rights Commissioner that the change expected of the claimant is within the scope of the Company/Union agreement. In these circumstances an increase in pay to undertake these duties is not warranted. It is further noted that having examined the possibility of creating an invoice space period, as recommended by the Rights Commissioner, both parties are agreed that this is not practicable.
Accordingly, the Union's appeal must fail.
Signed on behalf of the Labour Court
Kevin Duffy
14th May, 2002______________________
LW/CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.