FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MOUNT CONGREVE ESTATE (REPRESENTED BY RONAN DALY JERMYN, SOLICITOR) - AND - 4 WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Assimilation to new pay scales.
BACKGROUND:
2. Mount Congreve estate is located in Kilmeaden, Co Waterford. The Estate employs 73 workers. The enterprise is not a profit making enterprise. The estate introduced a structured pay scale in April, 2000, for all workers. Existing workers were assimilated onto the new scales without full credit for all their previous relevant experience while workers recruited after the creation of the new scales did not appear to suffer any loss of incremental credit in respect of previous experience with other employers. There are 4 workers involved in this dispute.
In 1997, there was an industrial dispute at the Estate and the Union claims that its members have enjoyed less favourable treatment on assimilation to the new pay scales, compared with other workers who were not involved in the dispute.
The matter was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement could not be reached, the matter was referred to the Labour Court on the 7th of February, 2002, under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in Waterford on the 1st of May, 2002.
UNION'S ARGUMENTS:
3. 1. The workers involved have 5,10,19 and 22 years service respectively.
2. The Union recognise that the Estate employees are not covered by the Employment Regulation Order for Agricultural Workers.
3. The Union believes that the length of service that the members have within employment of the Estate deserves recognition by Management.
4. Workers with a lot less service than these four members are now receiving the same remuneration as them.
COMPANY'S ARGUMENTS:
4. 1. The Estate has at all times recognised and introduced all recommendations of the Agricultural Workers Joint Labour Committee.
2. Unlike other commercial enterprises, additional costs must be met out of the charity and enthusiasm of the owner.
3. The new pay structures have been accepted by the majority of the workers.
4. It has always been the intention of the Estate to attempt to ensure that all employees are treated fairly.
RECOMMENDATION:
Having considered all aspects of this case, the Court is of the view that the employer has introduced a significant new arrangement by the introduction of new incremental pay scales for all categories of workers. The Court does not see a basis for additional scale increments to be applied to the 4 claimants involved in this claim. Therefore, the Union's claim is not conceded.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th May, 2002______________________
HMCD/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.