FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TESCO IRELAND - AND - TWO WORKERS (REPRESENTED BY MANDATE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Appeal of Right's Commissioners Recommendation IR16803/03/TB and IR16805/03/TB.
BACKGROUND:
2. The issue involves a claim by the Union on behalf of twocr�che workers employed by the Company as aCr�cheSupervisor and Assistant in the Lucan branch. In early 2003 the Company decided to close the cr�ches in their stores and the workers were advised of the various options available to them. They both opted to be redeployed to other areas within the store and retained their terms and conditions. The Union made a claim on behalf of the workers for a retention payment similar to that paid under the Meat and Deli agreement negotiated with the Union.
The retention payment in the Meat and Deli department was:
- €1,000 from the date of recommendation
- €1,000 on the anniversary date of closure (September 2004)
- €1,000 September, 2005
- The Company rejected the claim. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 19th May, 2004, the Rights Commissioner issued his recommendation as follows:
“Findings
I do not see that the positionof the claimants is analogous to that of the employees in respect of whom the Meat & Deli agreement was concluded.
I also note that the conclusion of that agreement excludes its use as a precedent in the future.
Recommendation
I do not recommend in favour of the Union claim"
On the 3rd June, 2004 the Union appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 25th August, 2004.
UNION'S ARGUMENTS:
3.1 The concept of payment of monies to staff whose job has been made redundant but who remain on in the Company in a different role is now well established in the Retail Trade and originated in Superquinn in"Changeover to Central Distribution and the New Shop Structure" and Blueprint Negotiations"
2. The Meat and Deli agreement was the first of its kind between the Union and the Company dealing with certain grades.
3. The workers concerned were offered the same package as meat and deli department, but were excluded from an element of it which would have ensured some level of redress for losing their jobs they had joined the Company to perform.
COMPANY'S ARGUMENTS:
4.1 The Company would contend that there are significant differences between thecr�checlosure and the Meat and Deli agreement, one reason was to ensure retention of the butchery/baconhand skills. There is no requirement to retaincr�cheskills.
2. When thecr�checlosed, the workers were given assurances that the Company wanted to retain them in employment and they were given a number of options.
3. The workers were accommodated in their option choice, both were facilitated locally with positions in their preferred areas of the store.
4. They retained their terms and conditions, including rate of pay, hours worked, pattern of hours etc. It was also agreed that they would not be required to operate registers, a duty that is required of all other store staff.
DECISION:
Having considered the submissions of both sides the Court is satisfied that the 'meat and deli agreement' was clearly negotiated and ringed fenced in respect of the circumstances pertaining to those sections at the time and has no relevance in the present circumstances. Therefore, the Court does not uphold the Union's claim for its extension to the closure of thecr�che.
However, in all the circumstances of the case, the Court recommends that a goodwill payment of €500 should be paid to each of the two claimants for their co-operation with the closure of the cr�che and integration into the store. The Court varies the Rights Commissioners' Recommendation accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th August, 2004______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jackie Byrne, Court Secretary.