FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BLACKWATER ENGINEERING COMPANY LTD - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Pay Claim
BACKGROUND:
2. The dispute before the Court concerns a worker who had been in receipt of a Team Leader Rate of €38.90 for many years. The worker received this based on the level of responsibility he had and the job he had in the stores area. It is the Union's claim that the Team Leader Rate was removed from the worker's wages without discussion or negotiation. The Company notified the Court by letter that they would not be attending the hearing. The Company indicated in the letter that it was satisfied that the matter was dealt with at a Labour Relations Conciliation Conference. The Company also attached a copy of the signed agreement that resulted from the Conciliation Conference and awarded the worker €1,950 in a final settlement.
On the 7th December, 2006 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 12th September, 2007.
UNION'S ARGUMENTS:
3. 1 At every meeting subsequent to the Company removing the Team Leader Rate they refused discussion on the issue. At the Conciliation Conference held to address broad issues, the Company said that the worker was a separate issue and refused to discuss his situation.
2 In the Wage Agreement between the Company and the Union there is no reference to the workers pay deduction, that deal was separate to the ongoing claim by the Union on behalf of the worker.
RECOMMENDATION:
The Union submitted a claim on behalf of a worker under Section 20(1) of the Industrial Relations Act, 1969 for compensation for the loss of his Team Leader’s allowance, which was removed from his pay in January 2005, without his agreement.
The employer did not attend the hearing however, he did submit a written statement of his position. This letter stated it was satisfied that the matter had been dealt with at a Labour Relations Conciliation conference held on 2nd February 2006 when an agreement was signed whereby the worker received the sum of €1950 in full and final settlement of the Union’s claim at conciliation. Both parties furnished a copy of the agreement to the Court.
Having examined the statement and the Union’s submission the Court is satisfied that the agreement entered into in February 2006 was specifically to deal with the issue of retrospection for the delay in implementing wage increases due under national wage agreements (€1,600) and for a change to the status of three workers (€350) - including the claimant.
However, this agreement did not specifically deal with the fact that the claimant’s terms had unilaterally changed when his allowance was removed without agreement in January 2005. When a similar situation arose for 3 other Team Leaders in October 2004, a compensation payment of €350 was paid to each.
Accordingly, the Court recommends that the employer should pay the sum of €500, in full and final settlement for the loss of the claimant’s Team Leaders Allowance.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
2nd October, 2007______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.