FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE ACHIEVERS GROUP LIMITED - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Recommendation IR18290/04/JH
BACKGROUND:
2. The worker is employed as a merchandiser with the group and is paid €7 per hour. The Group was formally known as FMCG. The duties relating to the worker were previously the responsibility of another company namely BLG Marketing Service. Following a transfer of undertaking in March, 2003, the worker's duties and terms and conditions of employment transferred to the Group. The Union's case is that prior to the transfer the worker had worked 37 hours per week. Following the transfer, the number of hours was reduced to 19, resulting in a major loss of earnings. The Union had a number of meetings with the Group and sought the following on behalf of the worker :
- Compensation in respect of loss of earnings.
- Introduction of measures to ensure that on-going loss would be mitigated either by way of offering additional suitable alternative employment or of a once-off buy-out payment.
- The need to regulate the employment relationship.
- If these demands could not be achieved, the offer of a redundancy payment.
"Based on the submissions made and for the reasons set out in the foregoing I recommend that the Achievers Group pay the worker the sum of €720 which I calculate to be approximately six weeks loss of income following the changeover. As this is an issue which is likely to occur within the employment affecting the worker and perhaps others represented by MANDATE I recommend there be separate negotiations through the appropriate procedures if necessary on the issue of terms and conditions of employment going forward including the regulation of hours and notice of any alteration going forward."
The Union offered the recommendation to the Labour Court on the 7th of October, 2004, in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 5th of January, 2005. The Court gave the parties time to resolve the matter but this was not possible. The following is the Court's decision:
DECISION:
This case was adjourned by the Court to allow the parties to have further discussions on the issues in dispute. The Court was later informed that negotiations had taken place in the context of a severance package for the claimant which was to include compensation for the matters dealt with by the Rights Commissioner. Offers were made by the employer (details of which were provided to the Court) which were rejected by the worker. The Union then requested the Court to make a definitive determination in the appeal. The Court was also informed by the Union that a liquidator had been appointed to the Company.
Having regard to all the circumstances of this case, the Court recommends that if the claimant wishes to sever his employment with the Company the final offer of the employer (which the Court understands to be one of €10,000) should be accepted but should be increased to include the amount of the award made by the Rights Commissioner. In the event of the claimant continuing in his employment, the Court regards the Rights Commissioner's recommendation as reasonable and it should be implemented.
With these modifications the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
2nd August, 2005______________________
CON/PCChairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.