FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 S6(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001 PARTIES : GREYHOUND WASTE DISPOSAL COMPANY - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Request by the Union for a Determination in relation to Labour Court Recommendation 18087.
BACKGROUND:
2. A Labour Court hearing was held on the 21st April, 2005.
DETERMINATION:
On 4th February, 2005 the Court investigated a trade dispute between SIPTU and Greyhound Waste Disposal Co. Limited pursuant to section 2(1) of the Industrial Relations (Amendment) Act, 2000 as amended (the Act). On 11th February, 2005 the Court issued Recommendation No LCR 18087 giving its opinion in the matter and its view as to the action which should be taken having regard to the terms and conditions of employment, and to disputes resolution and disciplinary procedures, in the employment concerned.
By letter received by the Court on 10th March, 2005 SIPTU requested the Court to make a determination pursuant to section 6(1) of the Act. A Labour Court hearing in this matter was held on 21st April, 2005.
Determination.
Having heard the parties the Court is satisfied that the dispute which is the subject of the aforementioned recommendation has not been resolved. The Court is further satisfied that the recommendation has not been fully implemented by the Company. In these circumstances the Court considers it appropriate to make a determination in the same terms as the recommendation except where it appears that a variation has been agreed with the parties. Accordingly the Court determines as follows:
Pay.
The Court determines that the basic hourly rate applicable to drivers be set at €14.20 per hour. The Court does not recommend that a bonus be paid in addition to this rate.
Standard Working Hours
There should be a standard working week of 39 hours over five days -Monday to Friday.
Overtime
Hours worked in excess of the standard hours referred to above should be paid as follows:
- Time plus one half after normal finishing time, Monday to Friday.
- Time plus one half for all time worked in the first four hours on Saturday and double time thereafter.
- Double time for hours worked before normal starting time.
- Double time for all hours worked on Sunday.
Sick Pay.
A sick pay scheme should be introduced which provides for up to eight weeks sick leave on full pay, less social welfare, in any 12 month period. The scheme should operate from the fourth day of certified illness.
Calculation of Holiday Pay.
Regular and rostered overtime, calculated by reference to the average such overtime worked in the thirteen weeks preceding the commencement of the holiday, should be included in the rate for holiday pay.
Loyalty Bonus.
What is described as a loyalty bonus is in reality a deduction from wages of drivers which is retained by the Company and held against the cost of accidental damage to its vehicles. In the Court's view it is a wholly inappropriate and unfair deduction and should be discontinued. Any monies retained by the Company on foot of such deductions should be refunded to the employees from whom it was retained.
Grievance and Disciplinary Procedures.
The Employer should put in place a disciplinary and grievance procedure which conforms to the general provisions of the Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000). Consistent with the Code, the company procedure should provide for representation by an employee representative in processing individual grievances and disciplinary matters. An employee representative is defined by the code of practice as including a work colleague or a trade union. The procedure should contain provision for either form of representation as the employee may decide.
The procedure should also provide for the full utilisation of the normal dispute resolution machinery of the State, including the reference of disputes to Conciliation, The Rights Commissioner Service and the Court, as appropriate.
Any submission that the Union wishes to make with regard to its content should be taken into consideration. If there is any dispute in relation to the compatibility of the proposed procedures with the Code of Practice, the question may be processed under Section 43 of the Industrial Relations Act, 1990.
Written particulars of terms and conditions of employment.
The Court determines that all drivers be provided with written particulars of their terms and conditions of employment, including details of the grievance and disciplinary procedure, as required by law. It is noted that a significant number of the Company's drivers do not have fluency in the English language. On this account the statement should be provided in a language that the employee understands.
Variation agreed with the parties.
In the course of the hearing the following variation of the original recommendation was agreed with the parties:
Should any employee raise a grievance or indicate a difficulty with the application of the terms provided for by this Determination or with the incorporation of these terms in his or her contract of employment, this should be discussed and processed by the employee through the grievance and disciplinary procedure recommended above. It was further indicated to the Court that the employee can be represented by the Union on an individual basis in processing the grievance.
Implementation.
The adjustments provided for herein should be implemented with retrospective effect to the date provided for in the original recommendation (10th March, 2005). Such implementation should be effected within one month of the date of this Determination.
Signed on behalf of the Labour Court
9th May, 2005______________________
TOD/BRKevin Duffy
Chairman
NOTE
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.