FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SUNDAY TRIBUNE - AND - DUBLIN PRINT GROUP OF UNIONS DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Resumption of LCR 17973.
BACKGROUND:
2. The case before the Court concerns a dispute between the parties regarding the application of wage increases due under the Sustaining Progress Agreement.
Subsequent to a previous Labour Court hearing, the Court, in its Recommendation dated 11th October, 2004, recommended that the "Company should apply the terms of Sustaining Progress and the parties should meet to discuss and agree appropriate phasing arrangements". The discussions were to be completed within four weeks of the date of the Recommendation. If the parties failed to resolve the situation the matter should be referred back to the Court.
The parties met on 9th November, 2004, to discuss the issues in dispute. The Union sought agreed dates for phased implementation of the increases due under Sustaining Progress.
The Company reiterated its position that it would not apply the wage increases until the Sunday Tribune returned to profitability, which was expected to be in early 2007.
The Union saw this as a rejection of the Labour Court Recommendation 17973 and referred the matter back to the Court for a further hearing on the matter.
A Labour Court hearing took place on the 28th April, 2005.
UNION'S ARGUMENTS:
3. 1. The Company have rejected LCR 17973 by not agreeing phased implementation of the increases due under Sustaining Progress.
2. The Company has not pleaded inability to pay the increases due, yet they have refused to pay increases until the newspaper returns to profitability. It is unacceptable that basic cost of living increases are being withheld.
3. The Company were entitled to plead inability to pay at an earlier stage and have an assessor appointed to examine the economic, commercial and employment circumstances of the Sunday Tribune, which they did not do.
COMPANY'S ARGUMENTS:
4. 1. The Company have accepted contents of the Labour Court's previous Recommendation (LCR17973) and proposed that the increases due under Sustaining Progress be applied when the paper returned to breakeven / profitability. This is expected to occur in early 2007.
2. The Company has not pleaded inability to pay, the increases will be applied in due course. Pleading inability to pay and appointing an assessor would have had a detrimental effect on the newspaper.
RECOMMENDATION:
A plea of inability to pay the increases due has not been made by the Company through the procedures provided for by the Sustaining Progress and such a plea cannot now be entertained by the Court. The only issue before the Court is the basis upon which LCR17973 should be implemented.
Having regard to all the circumstances of the case the Court recommends that the parties agree arrangements by which the outstanding increases will be paid in full during the currency of Sustaining Progress - Social Partnership Agreements 2003 - 2005.
Signed on behalf of the Labour Court
Kevin Duffy
15th May 2005______________________
AH/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.