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 : DAVIS CENTRA QUICKSTOP (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MANDATE DIVISION : Chairman: Mr McGee Employer Member: Mr Pierce 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. The Company, Centra Quickstop, Galway, was purchased by its present owners in September, 2002. The Company currently employs 16 staff made up of 4 full-time workers and 12 part-time workers. A number of issues in dispute between the Union and the Company 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). Agreement was reached on some of the issues, but the following issues remain unresolved:
- Sunday and Public Holiday Working
Wage Rate Structures
National Wage Agreements
Sick Pay Scheme
Christmas Bonus
- The Union submits that the above sought substantive and procedural conditions of service are in line with the norm in retail employments and it contends that if collective bargaining was engaged in they would apply in this outlet.
The Company does acknowledge the individual right of employees to join a Trade Union, but will not grant any Trade Union collective bargaining rights to represent the interest of its employees.
- The dispute was referred to the Labour Court in accordance with 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 26th July, 2005.
RECOMMENDATION:
The Court notes the large measure of agreement between the parties on issues in dispute.
The Court also notes the commitment by the Employer to introduce a Grievance and Disciplinary Procedure which is wholly compliant with S.I. 146 of 2000.
Regarding the remaining matters at issue between the parties, the Court recommends as follows:
Wage Rates
The Company's last proposals, as adjusted to take account of the National Minium Wage, should be implemented with effect from 1st July, 2005, giving the following hourly rates:
On appointment - €7.65
The other rates should be examined in light of the change in the minimum rate on this scale.
The above rates to be amended from 16th September, 2005, and 16th March, 2006, by the percentage increases adopted by the Retail Grocery and Allied Trades J.L.C.
Any workers whose rates are above these should have their positions red circled.
The Court notes that the practice of Joint Labour Committees to follow national movements on wage increases and the commitment by the company to follow this practice.
Sunday/Public Holiday Working:
The Court recommends that the Company's last proposals should be accepted. Any such arrangements should comply with the terms of the Organisation of Working Time Act, 1997.
Sick Pay Scheme
The Court recommends that a sick pay scheme as follows should be implemented:
- non-contributory
- no payment for the first 3 days of absence
- calendar year basis
- employees (full-time and part-time pro-rata) will be eligible for benefit after 1 years service as follows:
1 - 2 years service: 10 days basic pay
2 - 6 years service: 15 days basic pay
over 6 years service: 20 days basic pay.
Christmas Bonus
The Court notes that the Company pays for two nights out for staff during the year. The Court recommends that the amount of hours paid to any individual by the Company remain at the Company's discretion depending on grade, performance and service subject to
(i) an employee having a minimum of 6 months service and
(ii) a minimum bonus payment of one weeks basic pay at the lowest point on the scale.
Signed on behalf of the Labour Court
Raymond McGee
23rd August, 2005______________________
JO'CDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.