FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES - AND - MANDATE DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Closure of the staff Canteen.
BACKGROUND:
2. The issue before the Court concerns the closure of a subsidised Canteen at the Company's store in Sarsfield Street, Limerick.
At the end of March, 2003, the Company decided to close the Canteen and replace it with a self service tea room. The Union on behalf of the staff concerned opposed the closure but the Company was not prepared to reconsider its decision.
The issue was referred to the Labour Court on the 25th of September, 2003, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 15th of October, 2003.
The Company did not attend the hearing. It informed the Court of this by letter dated the 3rd of October, 2003.
The Union agreed to be bound by the Court's recommendation .
UNION'S ARGUMENTS:
3. 1. The provision of a subsidised Canteen was an important condition of employment for staff since the store opened in the late 1970's.
2. The closure of the canteen added an extra financial burden on staff.
3. The Staff Handbook under the heading Staff Restaurant/Cloakroom states that "the Company subsidises the cost of meals in the staff restaurant."
4. The Canteen should be re-opened and the staff compensated for the loss of the service since its closure at the end of March, 2003.
RECOMMENDATION:
By letter dated 3rd October, 2003, the employer indicated to the Court that it would not be attending the hearing, and provided no written submission. The Court is concerned that the employer did not present its case to the Court.
Therefore, based on the arguments put forward by the Union, the Court recommends that the Company should continue to provide benefits as specified in the Staff Handbook under the heading Staff Restaurant/Cloakroom.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th October, 2003______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.