FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CORK C0-OPERATIVE MARTS LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Compensation for change of roster.
BACKGROUND:
2. The dispute involves the claimant who is employed as a clerical worker with the Company for the past 28 years on a Monday to Friday basis. On the 1st January, 2003 her roster changed to a five day over six day roster. The claimant is now required to work every Saturday.
The claim could not be resolved at local level and the Union referred the claim to the Labour Court on the 15th May, 2003 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 10th September, 2003.
UNION'S ARGUMENTS:
3.1 The worker has been employed with the company, five days a week, on a Monday to Friday roster for 28 years.
2. The Company's change of roster has meant a major change to the worker's family and social life.
3. The worker is entitled to compensations for the change of roster and should be entitled to a Saturday premium.
COMPANY'S ARGUMENTS:
4.1 Saturday work in a situation where a person works 5 out of 6 days Monday to Saturday does not carry a premium payment.
2. All other members of staff have readily accepted the necessary change in the roster and no compensation has been paid in respect of staff working at regular Saturday sales.
3. Sustaining Progress requires flexibility in the working environment to maintain and improve competitiveness in order to increase productivity and employment.
4. Since the new changes in the roster, sales have increased by 35% showing the need for this change to maintain competitiveness.
RECOMMENDATION:
In the Court's view, having regard to the Claimant's length of service, during which she worked Monday to Friday only, the change to Saturday working (as part of a five day week) goes beyond what could reasonable be regarded as normal ongoing change. In these circumstances the Court believes that some compensation for the change in her working conditions is warranted.
The Court recommends that the Claimant be paid a premium of time plus 25% for hours work on Saturday. This arrangement should apply to the claimant on a personal to holder basis.
The Court further recommends that these payments should apply with effect from 1st January, 2003.
Signed on behalf of the Labour Court
Kevin Duffy
15th_September, 2003______________________
JB/Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.