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 : FREEFOAM PLASTICS LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
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 is based in Cork and is a manufacturer of plastic products used in the building industry. The Company employees approximately 90 employees, a number of these are Union members from different sections within the Company. The Union referred two issues to the Labour Relations Commission; (i) Grievance over the sick pay scheme; and (ii) Grievance and Disciplinary Procedures. The Union was initially seeking a revised sick pay scheme covering four weeks at full pay and four weeks at half pay with the first three days of each absence unpaid. The Company currently operates a sick pay scheme since 1999 giving up to four weeks' pay based upon service covering sick absences with the first day unpaid. The Company also operates a pre-1999 sick pay scheme given five days' paid sick leave with no service requirements nor unpaid waiting period with the option to transfer to the post 1999 scheme. Neither scheme includes shift premium in the calculation of sick pay. The Union is further seeking thatprovision be made and included in the Employee Handbook for representation by a Trade Union in processing individual grievances and disciplinary matters where an Employee wishes to avail of such representation.
Following a meeting with an Advisory Officer of the Labour Relations Commission on the 31st May, 2006 which both parties attended and had further separate negotiations, the two issues could not be resolved. The dispute was then referred to the Labour Court on the 22nd June, 2006 in accordance with Section 2(1) Industrial Relations (Amendment) Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004. A Labour Court hearing was held on the 8th August, 2006
UNION'S ARGUMENTS:
3.1Sick Pay Scheme:
The Union is seeking an improvement of the current pay scheme to reflect an average within the industry, i.e. with Companies who have 26 weeks from the first day of absence inclusive of shift and service pay minus social welfare.
2.Grievance & Disciplinary Procedures:
The Union is seeking that the Employer put in place a grievance and disciplinary procedure which confirms with the general provisions of the Code of Practice on Grievance & Disciplinary Procedures S.I. No. 146 of 2000 and in particular that appropriate provision be made and included in the Employee Handbook for representation by a Trade Union official in processing individual grievances and disciplinary matters where an Employee wishes to avail of such representation
COMPANY'S ARGUMENTS:
4.1Sick Pay Scheme:
The Company contends that the sick pay scheme entitlements are not out of line with acceptable standards and that they are reasonable. The Companyhas, however, no difficulty implementing the revised sick pay scheme initially sought by the Union.
2.Grievance & Disciplinary Procedures:
The Union has requested explicit recognition of the right of Trade Union Representation within the Company's Grievance and Disciplinary Procedures. S.I. No.146 of 2002 does not provide for automatic Union Representation. The Company does not exclude the possibility of external representation (Union Representation) for its employees in the context of its Grievance and Disciplinary Procedures.
RECOMMENDATION:
Sick Pay:
The Court recommends that the Company introduce a Sick Pay Scheme providing for 4 weeks' full pay (normal pay) (less Social Welfare) and 4 weeks' half pay (normal pay) (less Social Welfare) in a 12-month period. There should be no payment for the first three days of any illness period and the qualifying period for membership of the Scheme should be 12 months in employment.
Grievance & Disciplinary Procedures:
The Union claimed that the current internal procedures for the processing of issues relating to individual grievance and disciplinary matters are inadequate in that they do not provide for representation of employees by a trade union in appropriate cases.
The Court recommends that the employer put in place a disciplinary and grievance procedure which conforms with the general provisions of the Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000) and in particular that appropriate provision be made for representation by an employee representative as provided by paragraph 4.4 of the Code. This procedure should be capable of being clearly understood by all employees.
Any dispute on this issue should be processed through the procedures provided for by Section 43(1) of the Industrial Relations Act, 1990.
Signed on behalf of the Labour Court
Raymond McGee
10th August, 2006______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.