FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BOURKE'S FUNERAL DIRECTORS - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Caim by the Union, on behalf of a worker, for improved pay and conditions, with retrospection.
BACKGROUND:
2. The claimant commenced work in March, 2000 as an embalmer. The worker joined the Union and, in mid 2002, it wrote to the Company seeking a meeting to discuss the worker's terms and conditions of employment. The Company indicated that it would not meet with the Union and preferred to deal directly with staff. The Union sought to refer the issue to the Labour Relations Commission but the Company objected to such a referral. Subsequently the Union referred the dispute to the Labour Court under Section 20 (1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. By letter dated 29th January, 2003, the Company declined an invitation to attend the Labour Court hearing which was held on the 5th February, 2003.
RECOMMENDATION:
The Court finds it regrettable that the employer declined the invitation to attend the hearing and to avail of the opportunity to participate in the investigation of this dispute.
The submission made by the Union raised serious issues relating to the terms and conditions of employment on which the claimant is employed. Some of the issues relate to statutory terms and may be pursued through procedures prescribed by the relevant legislative provisions. Others relate to conditions, which on the information provided to the Court, appear to be out of line with normal standards in similar employment in the industry.
The Court feels that the most effective way to address all of these issues is for the parties to engage in normal industrial relations discussions and negotiations. The Court recommends that the parties should meet, without further delay, for the purpose of concluding an agreement on pay and conditions of employment, which reflects the practice in similar employment and adheres to all relevant employment legislation.
Should the parties fail to agree on any matter it should be processed through the normal procedures, i.e. The Labour Relations Commission and the Court.
Signed on behalf of the Labour Court
Kevin Duffy
13th February, 2003______________________
todDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.