FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COMPASS CATERING SERVICES IRELAND LIMITED T/A EUREST CATERING IRELAND LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Compensation for loss of regular rostered overtime.
BACKGROUND:
2. The company provides quality- catering solutions to the business and industry sector. They currently employ a workforce of approximately 1000 in full time and part time capacity in over 160 business units throughout Ireland.
The Company provides a catering service at Lufthansa Airmotive on the Naas Road where it employs 11 workers. The dispute before the Court concerns two chefs who are making a claim for loss of overtime which occurred when Airmotive's need for catering services was reduced in June 2002. The overtime requirement was reduced from every other Saturday to a half day every other Saturday and eventually ceased totally in May 2004. The Company offered suitable alternative overtime to the two chefs in June 2002 and subsequently when the overtime ceased in May, 2004.
The dispute was the subject of two conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 24th March, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th of July, 2004.
UNION'S ARGUMENTS:
3. 1. Both workers have long service with the Company and have suffered financially due to the loss of the regular rostered overtime.
2. The workers are anxious to be compensated for the overtime loss despite the Company's unwillingness to concede the claim.
COMPANY'S ARGUMENTS:
4. 1. The Company offered the two workers the opportunity to work every second Saturday at a number of locations in the Dublin area but both declined.
2. It is a term and condition of employment in the catering industry that employees may be transferred to other units as may be required and both workers are aware of this.
RECOMMENDATION:
Having considered the submissions of both parties, the Court recommends that the Company should offer to pay a sum of €1,000 to each of the two claimants, in recognition of their long service and commitment to work overtime on a regular and rostered basis over many years. This payment should be accepted by the Union as a goodwill gesture for the loss of overtime earnings sustained over the period June 2002 to the present and the Court recommends that the claimants involved should mitigate future losses of overtime earnings by accepting the alternative Saturday overtime work offered by the Company.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st July, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.