FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROCHES STORES - BLACKROCK (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MANDATE DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Disturbance Compensation
BACKGROUND:
2. The Blackrock branch of Roches Stores employees 300 staff in total. Between May and November 2002 the Company refurbished the non food section of the store and introduced new Retail Partners. The Supermarket area and stockrooms were unaffected. The refurbishing was necessary to protect the business, jobs and the future of the store.
As compensation for the disruption the Company offered one day's leave in the 2002 leave year. This was rejected by the Union. The dispute was referred to the Labour Relations Commission. A Conciliation Conference took place. Agreement was not reached and the matter was referred to the Labour Court on 5th December 2002 in accordance with Section 26(1) Industrial Relations Act, 1990. A Labour Court hearing
took place on the 1st April, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1 The claim is on behalf of approximately 150 members of Mandate for appropriate compensation, payment equal to three weeks wages, in respect of inconvenience caused to them while this refurbishment was being carried out on the premises.
2. The refurbishment commenced in May 2002 and continued until November/December 2002. Prior to commencing the refurbishment, no discussions took place with staff on either the Company's decision to take in Retail Partners or on the work that would be needed to be carried out. In September the Union wrote to the Company requesting a meeting to discuss the issues of concern and seeking compensation for the inconvenience caused during the ongoing refurbishment.
3. A number of meetings took place. By way of compensation, the Company offered one day's leave for the year 2002. This offer was rejected by the Union, who maintain that extensive renovation took place. The dust and noise that these renovations generated had knock-on effects to staff such as illness, increased levels of stress and a number of accidents which took place.
4. While amounts of compensation may vary depending on the type, duration and the level of inconvenience, most employers have accepted such claims as valid and justified. Previous claims by Roches Stores in Tallaght and their Blackrock food section resulted in a payment of £3,000 (€3,810) plus an extra days leave following a Labour Relations Commission referral.
COMPANY'S ARGUMENTS:
4. 1 The purpose of the refurbishment was to reposition the company vis-�-vis its competitors, to protect the jobs of the staff and improve the staff facilities. This was a refurbishment programme, not a rebuilding programme, therefore the scale of the work was quite limited. The majority of the heavy work was undertaken at night, during non trading hours.The company claim that only 71 staff members were affected by the refurbishing, stores and office staff were not included.
2. Staff were advised that if any problems were encountered they were to be raised with their immediate supervisor and that they would be dealt with immediately. Only two incidents occured: (i) an unacceptable dust level due to an error by the builders. Staff were offered uniforms dry cleaned and a hair appointment free of charge. (ii) A further dust problem caused by the builders not covering stock as requested, resulting in counters, rails and stock being affected.It took less than a day to deal with these matters. There were also some lighting problems, which were quickly rectified. Any noise issues were dealt with immediately and all heavy work was done outside of trading hours.
3. Extra cleaners were hired for the duration of the refurbishment programme to ensure that standards were acceptable. The General Manager or Assistant General Manager carried out inspections each morning before 7.30a.m. to ensure that standards were acceptable.
4. Staff cooperated with the project at all times and this was greatly appreciated. The offer of 1 days extra leave was made on a once off basis in recognition of this cooperation. It was deemed by the company as being a reasonable and fair offer and was consistent with other agreements with Mandate for a similar refurbishment programme.
RECOMMENDATION:
The Court has considered the submissions of both parties. The Court recommends that in view of the amount of disruption involved in the refurbishment of the Blackrock store, the Company's offer of one days annual leave should be amended to the following:-
- To those approx 150 employees who were present during the disruption and are party to this claim, one days annual leave should be granted in 2003 plus a sum of €5000 should be paid by the Company and used as the majority decide.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th April, 2003______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.