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 : O'DONOVAN OFF LICENCES LTD (REPRESENTED BY COAKLEY MOLONEY SOLICITORS) - AND - INDEPENDENT WORKERS UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty 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 consists of thirteen outlets in the Cork region and employs in excess of 60 people. The Union has twelve employees of the Company on its books.
In February 2005 the Union on behalf of its members wrote to the Company seeking a rate of pay of €10 per hour. They also sought time and a half for all hours worked in excess of 7.5 hours a day, double time for Sunday work and double time plus a day off for work performed on Public Holidays. The Company failed to respond.
In May 2005 the Union referred the dispute to the Labour Relations Commission under the Enhanced Code of Practice on Voluntary Dispute Resolution (S.I. No. 76 of 2004). Both parties participated in the process.
Following an initial ‘cooling off period’ for a month the Company submitted a contract of employment and a pay scale structure. Protracted correspondence continued until December 2005.
On the 5th January 2006 the Labour Relations Commission referred the issues to the Labour Court for investigation in accordance with Section 2 (1) of the Industrial Relations (Amendment Provisions) Act, 2001 as amended by Section 2 of the Industrial Relations (Miscellaneous Provisions) Act, 2004. Both parties agreed to the referral.
A Labour Court hearing took place on the 15th February 2006 and was adjourned. A further hearing was held on 24th May, 2006.
RECOMMENDATION:
This dispute was referred to the Court pursuant to Section 2(1) of the Industrial Relations (Amendment) Act, 2001, as amended (the Act). The Court is satisfied that the conditions specified at Section 2(1)(a) to 2(1)(d) of the Act are fulfilled in this case and that the dispute is properly before the Court for investigation and recommendation.
This dispute has been referred following the failure of the parties to reach agreement in relation to the matters at issue at the Labour Relations Commission under the Enhanced Code of Practice on Voluntary Disputes Resolution (S.I. No. 76 of 2004).
The Court has taken careful account of the submissions of the parties in their written and oral presentations. Section 5(2) of the Act provides that a recommendation made by the Court shall not provide for arrangements for collective bargaining. Subject only to that restriction the Court is required to give its opinion on the matter under investigation and, where appropriate, its view as to the action, which should be taken, having regard to the terms and conditions of employment, in the employment concerned.
Utilising the provisions of S.I. No. 76 of 2004 the Union, on behalf of its members in the Company, submitted a number of claims to the Labour Relations Commission. Agreement was reached on the issue of Contracts of Employment and the remaining issues were referred to the Court: - pay rates, overtime rates, Sunday premium and Public Holiday pay.
The Union indicated to the Court that it has 12 employees of the Company in its membership.
Having considered the views of the parties expressed in their oral and written submissions, the Court recommends as follows: -
Pay Rates
The Court notes that the Company offered to increase its rates of pay for General Sales Assistants; however, the Union rejected the offer and sought a starting rate of €7.65 per hour, €10.00 per hour for experienced adult workers.
The Court recommends that the Company's offer to increase rates of pay should be improved and increments applied on an annual basis as follows:
General Sales Assistants:
Starting Rate
€7.65
Experienced Adult Worker:
Year 1 €8.00 per hour
Year 2 €8.50 per hour
Year 3 €9.00 per hour
The Court recommends that these improvements should be implemented from the date of this recommendation.
Assistant Managers and Managers
The Union sought a rate of €13.00 per hour or higher for managerial grades.
The Company gave details of its revised salaries from January 2006 for Assistant Managers and Managers –
Assistant Managers Managers
Year 1 €20,000 Year 1 €25,000
Year 3 €21,000 Year 3 €26,000
Year 5 €22,000 Year 5 €27,000
Year 7 €23,000 Year 7 €28,000
Year 10 €25,000 Year 10 €30,000
The Court recommends that the Company’s revised rates for Assistant Manager and Managers should be accepted by the Union on behalf of its members.
Overtime
The Union on behalf of its members sought overtime at the rate of T + ½ after 7.5 hour work per day. The Company offered to pay overtime at a rate of T + ½ once 39 hour per week have been worked, or time off in lieu, at the workers' choice.
The Court recommends in favour of the Company’s offer and recommends that it should be accepted by the Union on behalf of its members.
Sunday Premium
The Union sought 2T for hours worked on Sundays. The Company offered to pay T + ½.
The Court recommends in favour of the Company’s offer and recommends that it should be accepted by the Union on behalf of its members.
Public Holiday Pay
The Union sought double time plus a day off in lieu for working on a Public Holiday. The Company pay double time for time worked on Public Holidays in accordance with the terms of the Organisation of Working Time Act, 1997.
The Court does not recommend in favour of the Union’s claim.
Implementation
The Union sought implementation of the rates of pay retrospectively to 20th October 2004. The Court does not recommend in favour of the Union’s claim for retrospection and the recommendations herein, save where otherwise appears, should be implemented within one month from the date of this recommendation.
Signed on behalf of the Labour Court
31st May, 2006______________________
JBCaroline Jenkinson
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.