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 : TOTS & CO (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty 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 provides cr�che and Montessori services for working parents in the Dublin area and employs approximately 60 workers. It is accepted that arrangements for collective bargaining are not in place within the employment and that the Union is not recognised for negotiating purposes. They Union claims that the Company has made changes recently with little or no consultation with staff in respect to a change from weekly to monthly pay, moving of staff and filling of positions.
Other issues of concern for the Union are:
Rates of Pay
The Introduction of a Sick Pay Scheme
Grievance and Disciplinary Procedures
The dispute was referred to the Labour Court on the 26th May, 2005 in accordance with Section 2(1) of the Industrial Relations Amendment Act, 2001 as amended by the Industrial Relations (Miscellaneous Provisions ) Act, 2004. A Court hearing was held on 1st July, 2005.
The following is the recommendation of the Court:
RECOMMENDATION:
Preliminary Issue.
At the commencement of the hearing the employer raised a preliminary objection to the investigation on the basis that the Union or its members have had recourse to industrial action since the dispute was referred to the Commission, contrary to section 2(1)(d) of the Act. The action complained of, consisted of the sending of letters to the employer by parents of children in its care, complaining at the treatment of the workers associated with the Union’s claims. It was alleged by the employer that the claimants solicited these letters and that their purpose in so doing was to interfere in contractual relations affecting the employer.
The Court does not accept that this submission is well founded. In the Court's view the writing of a letter of complaint cannot in itself amount to industrial action. Moreover, there is no evidence whatsoever that the decision to send these letters was taken by the parents in combination or under a common understanding with the Union or its members. Accordingly, the Court is satisfied that the conditions precedent to the exercise of its jurisdiction under the Act have been fulfilled and that it should investigate the dispute pursuant to Section 2 of the Act.
Rates of Pay.
It is noted that agreement was reached at the Labour Relations Commission on rates of pay for Unqualified Childcare Workers and for Qualified Childcare Workers as follows:
| Rates per Hour | Unqualified Childcare Worker | Qualified Childcare Worker |
| On Start | €8.24 | €8.92 |
| Meet Standard Performance | €8.48 | €9.15 |
| Above Standard Performance | €8.77 | €9.45 |
In relation to the rate for Specialist / Montessori personnel, the Court recommends as follows:
| Rate Per Hour | Specialist / Montessori |
| On Start | €10. 00 |
| Meet Standard Performance | €10.30 |
| Above Standard Performance | €10.80 |
Introduction of a Sick Pay Scheme.
The Court recommends that the company introduce a sick pay scheme providing for four weeks sick leave per year at full pay less social welfare. All sick leave should be covered by a medical certificate. The scheme should apply to all employees who have completed their probationary period. The scheme should not operate in respect of the first 3 days of any illness.
Grievance and Disciplinary Procedures
It is noted that the company have agreed to provide for employee representation in its grievance and disciplinary procedure by a colleague or a trade union official as the employee may decide. This should meet the Union’s claim for the introduction of such procedures consistent with the Code of Practice on Grievance and Disciplinary procedures (S.I. 146 of 2000). Should there be any continuing or residual dispute on this issue the matter should be referred to the Court pursuant to Section 43(1) of the Industrial Relations Act 1990.
Implementation
This recommendation should be implemented within one month of the date on which it is issued.
Signed on behalf of the Labour Court
Kevin Duffy
19th_July, 2005______________________
JBChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.