FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 S2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001, AS AMENDED BY THE INDUSTRIAL RELATIONS(MISCELLANEOUS PROVISIONS) ACT, 2004 PARTIES : DATA ELECTRONICS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Referral from the Labour Relations Commission under the Industrial Relations (Amendment) Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004.
BACKGROUND:
2. Data Electronics Ltd was established in 1975 and is involved in distributed multi-site Information Technology maintenance and desktop support services for various clients around the country. The Company presently employs 27 staff of which 22 are technical related grades with the balance of staff in management and administration. The Union states that there is no formal structure or independent body, representative of workers within the Company, to allow their members to resolve collective issues, however, the Unions Civil Aviation Branch and the Shannon Aviation Branch represent the vast majority of employees within the Field Service Area, incorporating the Common User Terminal Equipment Group based at Dublin and Shannon. The issues in dispute were referred to the Advisory Service of the Labour Relations Commission in accordance with the provisions of the Code of Practice on Voluntary Dispute Resolution (S.I.No.76 of 2004) as follows:
- Basic rate of pay
Shift allowance
On call/call out allowance
Unsocial hours payment
Public holiday entitlements
Holiday entitlements
Sick pay scheme
Pension contributions
Non-application of pay increases provided for under the terms of Programme for Prosperity and Fairness and Sustaining Progress
Overtime payments
Performance related bonus
VHI group scheme
Grievance and Disciplinary procedures as outlined under S.I.No146 of 2000.
The parties referred the dispute to the Labour Court for investigation under Section 2(1) of the Industrial Relations ( Amendment ) Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004. A Labour Court hearing took place on the 24th March, 2005.
The following is the recommendation of the Court:
RECOMMENDATION:
The Court recommends as follows:
Pay:With effect from 1st January, 2005, the Court
recommends as follows:
- €21,500 (start rate)
€23,000 (after 1 year)
€24,500 (after 2 years)
€26,000 (after 3 years)
Shift Premium:For 2 shift: 22%
- For 3 shift: 30% with 331/3% for any rotating
shift.
€4,000 p.a. plus overtime.
Sunday Premium:A Sunday Premium of €30 should be paid. This
should qualify for percentage pay increases.
Bank Holidays:3 years' value of outstanding Bank Holiday
payments should be paid.
VHI:The Company offer i.e. 10% discount
(group scheme) is reasonable and should
be accepted.Bonus:The parties should discuss and agree a
performance-based bonus scheme.Pension:The Company's offer of 5% contribution from
each side is reasonable and should be accepted.Overtime:To be paid for all hours over 39 p.w.
- T + ½ Monday - Friday and first 4 hours
Saturday
2 T - Rest of Saturday, all day Sunday and Public
Holidays.
provisions of S1 146 2000. Clarity in the policy
should be ensured.Sick Leave:As agreed between the parties. To be calculated
on a calendar year.Holidays:22 days as agreed. To be taken in a mutually
agreed manner.
Signed on behalf of the Labour Court
Raymond McGee
28th July, 2005______________________
JO'CDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.