FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HENRY DENNY (TRALEE) LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. 15-minute tea break
BACKGROUND:
2. The claim relates to a 15-minute break which was introduced in the Company's Bacon Department (now know as the Boning Hall) in 1976 as part of an incentive scheme. The break was paid at 100% bonus. The value of the bonus varied between the parties at the Labour Court hearing - the Union stated that it was worth approximately €10 per worker per week whilst the Company's value was €4.30 per worker. The number of workers also varied between 18 to 30.
In 2000/2001 a new "Ready To Cook" department was introduced. This line was made up of employees who had worked in the Boning Hall. The Union claims that for two years and nine weeks the workers continued to be paid the bonus but that in March 2003 the Company suddenly stopped paying the bonus without any consultation. The Company's case is that the bonus related purely to the Boning Hall and that when workers moved to another department they no longer received the bonus.
The dispute was the subject of a number of conciliation conferences but as agreement could not be reached it was referred to the Labour Court on the 19th of June, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th of July, 2006.
UNION'S ARGUMENTS:
3. 1. The workers have enjoyed the bonus payment since 1984 and it has become part of their weekly earnings.
2. Due to the Company introducing the Ready To Cook department -to which the Union did not object - the workers are now at a loss of earnings. The cost to the Company is minimal.
COMPANY'S ARGUMENTS:
4. 1. The bonus was a "carrot" to gain acceptance of the introduction of the incentive scheme in 1976.
2. The bonus was confirmed to the Bacon Department and workers who left the Bacon Department did not take the bonus with them to a new department. The bonus is an anachronism and has been a costly feature to the Company over the years.
RECOMMENDATION:
The claim before the Court concerns the restoration of a payment of 100% bonus which was paid for a period of a 15-minute break to workers from whom it was withdrawn in 2003.
The Company submitted to the Court that the reason for the withdrawal of the payment goes back to an agreement reached in 1976, whichinter alia,provided for this payment, to workers in the Bacon Department (now known as the Boning Hall). It maintained that the agreement restricted the payment to those workers only and did not apply outside of that Department. It stated that it was paid in error for over almost three years to workers in the new Ready to Cook Department, which comprised of workers from the Boning Hall, and was, therefore, withdrawn in 2003.
Having considered all aspects of this claim, the Court recommends that the payment should be restored to those workers who were previously employed in the Boning Hall and who transferred to the Ready to Cook Department, either on a full time or a temporary basis. The payment should be paid retrospective to the date it was withdrawn from these workers. For the avoidance of any doubt, this recommendation applies to the workers in the Ready to Cook Department only.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
2nd August, 2006______________________
CO'N/EWDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.