FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WHELANS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Application date of Phase1of Sustaining Progress.
BACKGROUND:
2. The Company is a frozen food distribution company serving the retail and catering trade. It currently employs three hundred and sixty staff across four different sites.
On the 1st of February, 2000, the first phase of the Programme for Prosperity and Fairness (PPF) was paid by the Company. The duration of the PPF was two years and nine months ending on the 31st of October, 2002. The dispute before the Court concerns a claim by the Union on behalf of its members that the 3% first phase of Sustaining Progress should apply from the 1st of November, 2002. The Company rejects the claim.
The dispute 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 14th of August, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th of November, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. National Wage Agreements apply after the expiry date of the last agreement.
2. The first phase 3% of Sustaining Progress should apply from the 1st of November, 2002.
COMPANY'S ARGUMENTS:
4. 1.The Company reviews it rates of pay in February each year.
2.The first phase of the Programme for Prosperity and Fairness was paid on the 1st of February, 2000, two months earlier than the due date which was April, 2000.
RECOMMENDATION:
The Court is satisfied that the Company paid the first phase of the PPF from 1st February, 2000, confirmed by the payment of the 0.5% paid retrospectively.
Given that position, it is clear that the 3% payment is due 33 months later, the 1st November, 2002.
The Court finds accordingly and recommends that the Company pay the 3% from 1st November, 2002.
Signed on behalf of the Labour Court
Finbarr Flood
15th December, 2003______________________
GB/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.